Expert Testimony and Rule 702 (Litigator Series)

THIS CASEBOOK contains a selection of 205 U. S. Court of Appeals decisions that analyze and interpret the provisions of Federal Rule of Evidence 702, "Testimony By Expert Witnesses." The selection of decisions spans from 2007 to the date of publication. For each circuit, the cases are listed in the order of frequency of citation. The most cited decisions appear first.

The Federal Rules of Evidence provide that a witness "who is qualified as an expert by knowledge, skill, experience, training, or education" may offer opinion testimony if (1) the expert's specialized knowledge "will help the trier of fact to understand the evidence"; (2) "the testimony is based on sufficient facts or data"; (3) "the testimony is the product of reliable principles and methods"; and (4) "the expert has reliably applied the principles and methods to the facts of the case." Fed.R.Evid. 702. "[T]he task of ensuring that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand" is assigned to the district court. Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 597, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). United Fire and Cas. Co. v. Whirlpool Corp., 704 F. 3d 1338 (11th Cir. 2013)

To guide district courts' assessments of the reliability of an expert's testimony, the Supreme Court has identified four factors that district courts should consider when assessing the reliability of an expert's testimony: (1) whether the expert's methodology has been tested or is capable of being tested; (2) whether the theory or technique used by the expert has been subjected to peer review and publication; (3) whether there is a known or potential error rate of the methodology; and (4) whether the technique has been generally accepted in the relevant scientific community. See id. at 593-94, 113 S.Ct. 2786. At the same time, the Court has emphasized that these factors are not exhaustive and are intended to be applied in a "flexible" manner. Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 141, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). United Fire and Cas. Co. v. Whirlpool Corp., supra