David Bernstein | 3.31.2024 9:52 PM
Longtime readers will recall that every so often, I would go on a "rant" about how many federal judges were ignoring the text of Federal Rule of Evidence 702, as amended in 2000. Instead, they were relying on decisions that predated the rule, and indeed contradicted the rule. Some of these decisions relied on precedents dating back as far as the 1980s, before the Supreme Court's so-called Daubert trilogy of cases on expert evidence tightened the admissibility rules substantially, and of course before Rule 702 was amended to make it conform (and indeed, settle some existing ambiguities) with the trilogy. I also wrote an academic article on the subject.
As a result of these........