Proponents of Expert Opinion Testimony Bear the Burden to Establish Admissibility, Right?

Litigation attorney Eric Alexander published a blog for Drug & Device Law examining the decision in Thacker v. Ethicon, Inc., a pelvic mesh case in the U.S. District Court for the Eastern District of Kentucky. He notes that the court's approach to Federal Rule of Evidence 702 did not fully acknowledge the burden placed on the proponent to establish the admissibility of testimony – a key point clarified by the 2023 amendments to Rule 702. The article argues that the court relied on outdated standards and did not reference recent changes emphasizing a stricter preponderance-of-the-evidence standard when admitting opinion testimony. Mr. Alexander concludes the piece by highlighting the importance of judicial gatekeeping to ensure that all opinions admitted in court are both reliable and well supported.

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