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2024 Suffolk Univ. L. Rev. Online Ed. [1] (2024)

handle is hein.journals/sfkunvlwrv2024 and id is 1 raw text is: 




  Essay:   The Cost  of Clarity:  Implications  of the 2023  Amendments to Rule

      702 on  the Admissibility  of Expert  Testimony  in U.S. Federal   Courts


                               Olen L. York, III, JD, LLM
                                  Assistant Professor
                            Brad D. Smith Schools of Business
                               Lewis College of Business
                                  Marshall University

                          Susan W. Lanham, PhD, MAFF,  CDFA
                                  Associate Professor
                            Brad D. Smith Schools of Business
                               Lewis College of Business
                                  Marshall University

                                  Casey W. Baker, JD
                                  Associate Professor
                            Brad D. Smith Schools of Business
                               Lewis College of Business
                                  Marshall University

                             Dexter Rowe  Gruber, PhD, JD
                                  Assistant Professor
                                  School of Business
                                University of Indianapolis



Abstract

       This essay explores the significant role of expert testimony within the evolving landscape

of U.S. federal courts, underscored by the amendments to Rule 702 of the Federal Rules of

Evidence, which took effect on December 1, 2023. Initially shaped by landmark decisions such

as Daubert v. Merrell Dow Pharmaceuticals, Inc. and Kumho Tire Co. v. Carmichael, Rule 702

has undergone modifications aimed at refining the criteria for expert testimony admissibility.

These changes, motivated by the need for consistency across jurisdictions and the prevention of

unreliable expert testimonies, emphasize a preponderance of the evidence standard for all four