Federal Rule of Evidence 702 Proposed Amendments: Bringing Expert Analysis Under Consistent Judicial Scrutiny
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will review the proposed amendments to Federal Rule of Evidence 702, the split and perceived confusion among trial and appellate courts regarding the application of FRE 702, and the intended effect of the proposed changes to FRE 702, and the impact on admissibility the change to FRE 702 subsection (d) may produce.
Outline
- How did we get to the point where an amendment is on the table?
- Weight v. Admissibility issue
- Burden of production issue
- Overstatement issue
- What are the proposed amendments under consideration and where are we in the process?
- Proposed amendment published on July 29, 2021, for public comment and hearing
- Amendment to address weight v. admissibility and preponderance of evidence issue
- Overstatement issue
- Next stages of the process
- Possible complications of SCOTUS cases
- What are the expected effects of the amendment if it is enacted?
- Weight v. admissibility & preponderance issues
- Overstatement issue
- Overall effects
Benefits
The panel will review these and other pivotal issues:
- If the amendments are intended to clarify the rule, are courts required to change how they rule?
- On appeal, will the trial court's decision get more scrutiny?
- Are there any possible unintended or adverse consequences of the amendments?
- How will the amendments change objections to expert testimony?
Faculty
Christopher G. Campbell
Partner
DLA Piper
Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases... | Read More
Mr. Campbell is a partner in the firm’s Product Liability and Mass Tort practice. He has experience in all phases of litigation, including first-chairing jury and bench trials in state and federal courts and arguing appeals. He is co-author of the book Expert Witnesses: Products Liability Cases (West 2009), an in-depth guide to expert witness development in all types of product liability and mass tort matters, including pharmaceutical, toxic torts, automotive, industrial accidents and children's and consumer products.
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Lee Mickus
Partner
Evans Fears & Schuttert
Mr. Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the... | Read More
Mr. Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages. He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana and several other states.
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Mary Donne Peters
Founder/Partner
Gorby Peters & Associates
Ms. Peters represents high-growth, closely held companies, often serving as outside general counsel. She has handled... | Read More
Ms. Peters represents high-growth, closely held companies, often serving as outside general counsel. She has handled litigation matters in over thirty states, taking a proactive, integrated problem solving approach to guide her clients through the challenges that arise with rapid corporate expansion and changing markets. Ms. Peters served as an Assistant U.S. Attorney for the District of South Carolina, an Honors Attorney for the Antitrust Division of the U.S. Justice Department and a law clerk for a federal appeals court judge (Hon. Emory Sneeden, Fourth U.S. Circuit Court of Appeals), before entering private practice.
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Professor Colin Miller
Professor of Law
University of South Carolina School of Law
Professor Miller is the creator and Blog Editor of EvidenceProf Blog, which addresses recent developments in... | Read More
Professor Miller is the creator and Blog Editor of EvidenceProf Blog, which addresses recent developments in Evidence precedent, legislation, and scholarship. His areas of expertise include Evidence, Criminal Law and Procedure, and Civil Procedure.
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