“Judges, Lawyers Brace for Expert Evidence Rule Changes,” Law.com’s The Barometer
news | November 8, 2023
A special report in The Barometer includes quotes from an interview with Hollingsworth LLP partner Eric Lasker regarding Rule 702 and the amendments set to go into effect on December 1.
After years of discussion from the Judicial Conference Committee on Rules of Practice, an amendment to Federal Rule of Evidence 702 is set to take effect on December 1. The amendment has created yet another dividing line between the plaintiffs and defense bars and has already begun to shape the course of lawsuits.
Lasker said the rule change provides a tool to fight back against scientific skepticism. “It puts the courts in a place where they should be, which is screening out science that’s speculative or not reliable, protecting jurors from that type of testimony,” he said and pointed to the committee’s note stating that an update was needed after more than two decades of some courts misapplying Rule 702.
Lasker said that not only is Rule 702 approved for the future, but it means there is a significant body of case law on which courts have been relying that is wrong, further stating “this rule change is going to really create a bright line for courts and hopefully set them on the correct path going forward.”
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