Description

Federal Rule of Evidence 702 was recently amended with its most significant changes in almost 25 years to clarify the standard for admitting expert testimony in light of frequent misapplication by courts regarding the burden and the courts' gatekeeping role over expert testimony. Because design and construction defect cases often rely on expert testimony, construction litigators should understand the changes and how they may affect litigation strategy.

Under the amended rule, when it comes to admitting expert testimony: (1) the proponent has the burden to establish by a preponderance of the evidence that the expert's methods are "more likely than not" reliable and meet the admissibility requirements set forth in the rule; and (2) the expert's opinion must reflect a reliable application of the principles and methods to the facts of the case, requiring a tighter connection between experts' opinions and the methods they use.

Construction litigators should know what effects the amended rule may have when using expert witnesses--including selecting expert witnesses to meet the clarified admissibility standard and survive Daubert challenges, eliciting testimony from the expert in a deposition to undermine their credentials, and successfully bringing or defending a Daubert challenge.

Listen as our expert panel discusses amended Rule 702 and its impact on using expert witnesses in construction litigation. The panel will review recent case law to examine how the courts are interpreting the amended rule and offer best practices for construction litigators.