MDL Decisions Demonstrate The Need For Rule 702 Reform

By Thomas Sheehan, Joshua Glasgow and Eva Canaan ( June 17, 2020, 5:11 PM EDT) -- There is ample evidence that some courts misunderstand their gatekeeping function in screening the reliability of expert opinion testimony. Numerous decisions have held — contrary to the text of Federal Rule of Evidence 702 — that problems with the basis of an expert's testimony or the application of an expert's methodology are issues of weight rather than admissibility....

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