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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

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