New Federal Rule of Evidence Rule 702: A Circuit-by-Circuit Guide to Overruled "Wayward Caselaw"

New Federal Rule of Evidence Rule 702: A Circuit-by-Circuit Guide to Overruled “Wayward Caselaw”

ON December 1, 2023, Federal Rule of Evidence 702 was amended for the first time in twenty-three years to address what the Advisory Committee on Evidence Rules (“Advisory Committee”) identified as a pervasive problem of “wayward caselaw” in which federal courts had been “far more lenient about admitting expert testimony than any reasonable reading of the Rule would allow.”