​LCJ has urged the Advisory Committee on Evidence Rules and its Subcommittee on Rule 702 to amend Rule 702 and remedy the widespread misapplication of standards for expert testimony in civil litigation.  Too many courts treat the Rule 702 reliability requirements of sufficient basis and reliable application as questions of weight and not admissibility, and the result is that judges routinely abandon their proper gatekeeper role.  LCJ supports moving forward with an amendment that would emphasize that sufficiency of basis and reliable application are questions of admissibility and not weight. 

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Learn more by reading the below comments and related research on the topic:

court decisions

United States Court of Appeals for the Second Circuit in RE: Mirena IUS Levongogestrel-Related Products Liability Litigation (No. II)

comments

A Note About the Note: Specific Rejection of Errant Case Law is Necessary for the Success of an Amendment Clarifying Rule 702's Admissibility Requirements - February 8, 2021

GlaxoSmithKline Services Unlimited RE: Comment on Potential Amendment to Federal Rule of Evidence 702 - October 12, 2020 

Tucker Ellis LLP RE: Amending Federal Rule of Evidence 702 - October 10, 2020

State Farm RE: Amending Federal Rule of Evidence 702 to Clarify Courts' "Gatekeeping" Obligation - October 9, 2020

Dechert LLP RE: Suggestion on Potential Amendment to Federal Rule of Evidence 702 - October 2, 2020

Bayer RE: Amending Federal Rule of Evidence 702 - September 30, 2020

Kuchler Polk Weiner RE: Proposed Amendments to Federal R. Evid. 702 Commentary - September 30, 2020

Ford Motor Company's Comments to the Advisory Committee on Evidence and its Rule 702 Subcommittee - September 26, 2020

Baker Wotring on Amending Federal Rule of Evidence - September 3, 2020

Amending Federal Rule of Evidence 702 - A Review of Gatekeeping Practices in Multidistrict Litigation 

​​“Gatekeeping Reorientation: Amend Rule 702 to Correct Judicial Misunderstanding About Expert Evidence” 

Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702

Lasker and Bernstein on Amending Federal Rule of Evidence 702 ​

IADC Comment on Possible Amendments to Rule 702. - July 31, 2020
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FDCC Comment on Potential Amendment to Federal Rule of Evidence 702 - June 30, 2020

Leading U.S. Corporate Chief Legal Officers Urge Amendments to Rules Governing Expert Evidence - March 2, 2020

​50 Companies Urging Expert Evidence Rule Reform - March 2, 2020

In Support of Amending Rule 702 To Address The Problem Of Insufficient Basis For Expert Testimony - October 10, 2018

Clearing Up The Confusion: The Need For A Rule 702 Amendment To Address The Problems Of Insufficient Basis And Overstatement - September 6, 2019

​RELeases

Research and reports