Amended Rule 702 in 2025: Circuit Courts Embrace the Changed Standard, by Lee Mickus, WLF Legal Backgrounder

LCJ Expert Evidence Committee Co-Chair Lee Mickus (Evans Fears Schuttert McNulty Mickus) finds that federal circuit courts are embracing the notion that an insufficient factual basis or an unreliable application of methodology are valid grounds for excluding a proposed expert’s opinions—conclusions that would have been impossible if caselaw precedents were followed. In a Legal Backgrounder published by the Washington Legal Foundation, Lee highlights significant opinions issued during the summer of 2025 which brought circuit courts into broad alignment with the purposes of amended Federal Rule of Evidence 702. Click here to read the report.