Walsh Attorneys featured in IADC Defense Counsel Journal’s New Federal Rule of Evidence Rule 702: A Circuit-by-Circuit Guide to Overruled “Wayward Caselaw”

Today, the Defense Counsel Journal, a law review of the International Association of Defense Counsel, published a circuit-by-circuit Guide to Overruled “Wayward Caselaw” concerning Rule 702 of the Federal Rules of Evidence. Rule 702 was revised in December 2023 for the first time in twenty-three years to address what the Advisory Committee on Evidence Rules 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.”

Walsh’s Peter J. Pizzi and Christine P. Clark wrote the portion of the Guide addressing cases in the Third Circuit that strayed from the application of Rule 702 as intended when the Rule was originally drafted and even more so as the recent revisions to the Rule.

The Defense Counsel Journal has been continuously published by the IADC since 1934. Peter Pizzi is the incoming Editor.