As we have said before, the Blog is unabashedly pro-science. There is a difference between good science and bad science, and reliance on the latter to make any important decision—be it in everyday life, litigation, or public policy—is not smart. We are also unabashedly in favor of strict application of the Rules of Evidence
Daubert
Ninth Circuit Gets On Board With The Rule 702 Amendments
By Lisa Baird on
Not that long ago (last time we posted), the Sixth Circuit issued an unpublished opinion that affirmed the exclusion of an expert (yay!) but missed the boat on the amendments to Federal Rule of Evidence 702 and its reinforcement of the expert exclusion test (boo!).
Today, we get to tell you about a…
Sixth Circuit Confirms That Rule 702 Is Too Steep A Hill To Climb For Materials Science Expert
By Lisa Baird on
This post is from the non-Butler Snow side of the blog.
In Hill v. Medical Device Business Services, Inc., No. 24-5797, 2025 U.S. App. LEXIS 17835, 2025 WL 1950300 (6th Cir. July 16, 2025), the Sixth Circuit affirmed an expert exclusion/Rule 702/Don’t Say Daubert decision in a case that we last wrote about…
