FOR IMMEDIATE RELEASE
September 09, 2020
Oliver F. Hays
Phillips Lytle LLP
PHILLIPS LYTLE PARTNER THOMAS J. SHEEHAN TO SERVE ON PANEL FOR LAWYERS FOR CIVIL JUSTICE WEBINAR “EXPERT EVIDENCE REFORM – WILL IT HAPPEN?”
Buffalo, N.Y. – Phillips Lytle LLP Partner Thomas J. Sheehan will serve on a panel for the Lawyers for Civil Justice (LCJ) Webinar titled, “Expert Evidence Reform – Will it Happen?” This LCJ event, open to all members and allies, will be presented via webcast Wednesday, September 9, 2020 at 1:00 p.m.
Federal courts across the country misunderstand the “gatekeeping” responsibility required by Federal Rule of Evidence 702 for screening the reliability of expert opinion testimony. Far too often, courts in every federal circuit have allowed juries to hear opinion testimony without properly analyzing the factual basis of those opinions or the reliability of the expert’s methodology, and determining whether it should be admitted at all.
These decisions can significantly influence the outcome of an entire multidistrict litigation.
Now the Advisory Committee on Evidence Rules is considering whether to remedy this problem by amending FRE 702 to clarify that 702’s admissibility standards require the application of FRE 104(a)’s preponderance test.
Is such an amendment likely? If so, how would it affect the way you handle expert admissibility issues?
The LCJ event will provide a lively discussion, including timely updates and practical analysis from leading Rule 702 experts.
Mr. Sheehan is Phillips Lytle’s Science Team Practice Group Leader. His practice for the past 20 years has focused exclusively on high-stakes product liability and health effects litigation, with a primary emphasis on the defense of pharmaceuticals and biologic products.