As part of a package of tort reform proposals, Florida Gov. Rick Scott promised during his campaign to change the standard in which courts consider expert scientific testimony. Scott argued during the ...

In 1993, the U.S. Supreme Court made two significant rulings in Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993). First, the enactment of the Federal Rules of Evidence had superseded ...

Daubert and FRE 702: Who Decides What and How? It does seem the 11th Circuit is put off by Judge Rosenberg’s didactic review (as evidenced by their pointed reference to the length of her decision), ...

For multidistrict litigation (MDL) to move forward to trials, we must understand Daubert, Rule 702 and the role of the judge in determining the admissibility of expert testimony. The use of expert ...

With the possible exception of arborists, litigation experts don’t grow on trees. Even if they did, to testify as an expert in a particular area, they must be qualified before the court. Before we get ...

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