The Early Returns Are In: A Review of the First Two Years for Amended FRE 702, by Behrens, Mickus, and Appel

The early returns are in and it’s clear that the clarification provided by the amendment to FRE 702 is having a major impact on expert evidence admissibility decisions. Amended FRE 702 has caused most federal circuit courts to “move away from problematic practices of the past and direct trial courts to align expert admissibility assessments with Rule 702…” according to a new University of Cincinnati Law Review article by Mark Behrens, Lee Mickus, and Christopher Appel. The article takes stock of the impact of amended Rule 702 since its adoption in 2023, where the courts have gotten it right and have fallen short, and what remains to be done to improve consistency in the application of the rule by courts. Click here to access the article.