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FRE, Daubert, & Frye

June 16, 2022
Featured, FRE, Daubert, & Frye, News, Resources for Experts, Working with Experts

Amendments to Rule 702 Signal Change for Expert Testimony Admissibility

Now Rule 702 is one step closer to a big change—its first in over 20 years. Last week, the Committee on Rules of Practice and Procedure voted unanimously to pass the proposed Rule 702 amendment. The proposed amendment clarifies the…
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June 4, 2021
Featured, FRE, Daubert, & Frye, Working with Experts

PA Experts May Rely on Hearsay But Not Novel Evidence

In Pennsylvania, the rules controlling expert witnesses are similar to the federal rules—with some notable exceptions. One such exception is that attorneys can effectively defend their expert’s reliance on hearsay and other inadmissible evidence. However, under the Frye standard, PA…
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Updated on June 29, 2021
Finding & Selecting Experts, FRE, Daubert, & Frye, Resources for Experts

State-Specific Expert Witness Admissibility Rules: What Attorneys and Experts Need to Know

An expert witness’s role is to break down complicated subjects so that triers of fact can make informed decisions. However, sometimes even the most reputable experts in a particular field are not necessarily the best ones for trial.  For instance,…
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Updated on June 11, 2021
FRE, Daubert, & Frye, Litigation Monitor, News

3M Expert’s Opinions Partially Excluded from Earplug MDL Bellwether

A Florida federal judge has excluded opinions from a 3M expert witness in the ongoing CAEv2s combat earplugs bellwether trial. In this case, the plaintiffs claim they suffered injuries to their hearing due to defective earplugs used during military activities.…
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Updated on August 9, 2021
FRE, Daubert, & Frye, News

Amendments to Federal Rule of Evidence 702 Loom Closer

When the Supreme Court set the standard for expert testimony admissibility in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), it upended decades of prior case law interpretation of what it means to be an expert. In light…
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Updated on April 5, 2021
FRE, Daubert, & Frye, News

CA Bill Proposes Higher Standard for Scientific Expert Testimony

In the California Senate, a lawmaker recently introduced CA Senate Bill 243 in an effort to both heighten the evidentiary standard of scientific testimony as well as decrease the admission of false evidence against criminal defendants. Proposed by Senator Scott…
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Updated on January 6, 2022
FRE, Daubert, & Frye, Litigation Monitor, Working with Experts

Testimony Excluded After Expert is Unable to Rule Out Other Theories

A federal appellate court in Iowa recently upheld a plaintiff expert witness’s exclusion in a workplace product liability case for their failure to satisfy the requirements of Federal Rules of Evidence 702. The decision in Hirchak v. W.W. Grainger, Inc.,…
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Updated on December 7, 2020
FRE, Daubert, & Frye, Litigation Monitor, News

Recent Pennsylvania Court Rulings Weigh in on Expert Admissibility

In Pennsylvania, three recent court decisions are revising the state’s rules governing expert testimony. The decisions discuss how the court may weigh in on expert methodology, if at all, and the line between lay and expert testimony. Attorneys practicing in…
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Updated on June 8, 2022
FRE, Daubert, & Frye, Resources for Experts, Working with Experts

How to Make Sure Your Expert Methodology is Reliable

Though both the Daubert and Frye standards leave room for differing methodologies from different fields, neither standard adopts an “anything goes” approach. Rather, both delineate criteria for evaluating a particular expert witness’s methodology in court. Expert witnesses who understand how…
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Updated on April 5, 2021
FRE, Daubert, & Frye, News

Maryland Adopts the Daubert Standard For Determining Expert Testimony Admissibility

Maryland has become the most recent state to adopt the Daubert standard for determining when a jury can hear expert witness testimony. In its August 28, 2020 decision in Rochkind v. Stevenson, the Maryland Court of Appeals ruled that the…
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