Recovered Memory Experts and FRE 702 Gatekeeping: Evaluating Whether Good Grounds Support Expert Testimony
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss expert evidence related to "repressed" or "recovered" memories in sexual abuse litigation, specifically focusing on admissibility contests under Federal Rule of Evidence 702, Daubert, and parallel state rules. The discussion will include Cohen v. Cohen, 125 F.4th 454 (3d Cir. 2025), which offers the first in-depth circuit court analysis of repressed memory theory under FRE 702 and provides detailed guidance on how opinions of any experts regardless of subject matter ought to be analyzed before being admitted into evidence.
Outline
- Repressed memory theory
- Applying FRE 702 analysis to repressed memory theory
- Lessons from Cohen
Benefits
The panel will review these and other important questions:
- Is it repression or recovery of memories that is more controversial?
- What is an individualized Daubert analysis?
- How should courts assess studies under Rule 702?
Faculty
Dr. R. Chris Barden, Ph.D., JD
National Expert in Science, Clinical Psychology, and Law
RC Barden and Associates
Dr. Barden is a national expert in law and science. He is a licensed attorney, licensed psychologist, research... | Read More
Dr. Barden is a national expert in law and science. He is a licensed attorney, licensed psychologist, research scientist, speaker, writer, expert witness, and national science-litigation-legislation consultant. Dr. Barden has published in the leading journals and texts in law, public policy, child-social-clinical psychology, psychiatry, surgery, and pediatrics. He has helped draft and enact legislation to reform and improve the Emergency Medical System for Children in the U.S. As an attorney, Dr. Barden’s clients have received record jury verdicts and record settlements in complex litigation to reform the U.S. mental health system. As a national expert in law, science, and systems reform he has been interviewed by many national and international media sources. Dr. Barden has given invited national training addresses to the American Psychological Association, the American Psychiatric Association, the American Bar Association, the U.S. Surgeon General's Conference, the International Assn of Plastic and Reconstructive Surgeons, the U.S. Military Academy at West Point, F.B.I. regional training meetings, and other groups. He has also served as a member of a State Higher Education Coordinating Board (MN), a member of a State Licensing Board of Psychology (MN), and as a State Special Assistant Attorney General (UT).
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