rule-702

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A945 Ramesh Sunny Balwani v. United States Ninth Circuit 2026-02-24 Application expert-testimony false-testimony federal-rules-of-evidence napue-violation prosecutorial-misconduct rule-702 Question not identified.
25-6125 Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States Ninth Circuit 2025-11-14 Denied Response WaivedIFP dual-role-testimony evidence-admissibility expert-witness gatekeeping-role rule-403 rule-702 A witness who testifies as a lay witness offering either factual testimony and/or lay opinion testimony and also testifies as an expert offering exper…
25A565 Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated Ninth Circuit 2025-11-14 Application circuit-split civil-procedure class-certification expert-testimony federal-rules-of-evidence rule-702 Whether a district court may certify a class action without resolving whether the plaintiff has introduced admissible evidence, including expert testi…
24-485 Kirk Prest v. BP Exploration & Production, Incorporated, et al. Fifth Circuit 2024-10-31 Denied Response Waived abuse-of-discretion epidemiological-evidence expert-testimony rule-702 scientific-reliability toxic-tort The admission of expert testimony in federal courts is governed by Federal Rule of Evidence 702 and this Court's decision in Daubert v. Merrell Dow Ph…
21-6264 Marion Katrell Campbell v. United States Fourth Circuit 2021-11-15 Denied Response WaivedIFP district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure WHETHER THE DISTRICT COURT IMPROPERLY ALLOWED FEDERAL RULE OF EVIDENCE 404(b) & 702 IN PETITIONERS TRIAL
21-6211 Cubby Wayne Williams v. United States Ninth Circuit 2021-11-08 Denied Response WaivedIFP brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness Whether, in a case in which the government was required to prove that the defendant was not working from a good faith misunderstanding of the law, the…
20-6141 David William Smith v. United States Fourth Circuit 2020-10-27 Denied Response WaivedIFP burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay This Petition will permit the Court to resolve two profound splits among the federal courts of appeals. The first circuit split concerns when, if at …
20-533 Jeffrey Boudreau, as Personal Representative of the Estate of Wendy Boudreau v. Shaw's Supermarkets, Inc. First Circuit 2020-10-22 Denied Response Waived business-invitee daubert daubert-standard expert-testimony foreseeability kumho premises-liability rule-702 summary-judgment 1. When a legal duty exists in a premises lability context to protect business invitees from reasonably foreseeable harm, is the question of foreseeab…
19-855 Lenin Lugo v. United States Eleventh Circuit 2020-01-08 Denied Amici (1) circuit-split expert-witness expert-witness-testimony federal-rules-of-evidence law-enforcement-opinion lay-witness lay-witness-testimony professional-experience rule-701 rule-702 Under Federal Rule of Evidence 702, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in opinion fo…
19-5437 Ekaterini Alexopoulos v. Steven Goldsmith, P.A., et al. Florida 2019-08-02 Denied IFP district-court-error duty-to-control duty-to-control-third-person ethics-violation expert-witness federal-rules-of-evidence legal-malpractice rule-702 special-relation standard-of-care 1. The issue presented by Petitioner's Writ of Certiorari in this legal malpractice case is not whether a properly instructed jury could have ruled in…
18-8600 Tony McLeod v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation 1. Whether using Cellebrite technology to download forensic digital evidence from a cell phone requires specialized or technical knowledge so that the…
18-327 N. K., an Infant, By His Mother and Natural Guardian, Tanja Bruestle-Kumra v. Abbott Laboratories Second Circuit 2018-09-13 Denied alternative-causation alternative-cause causation-opinion daubert daubert-standard daubert-v-merrell-dow differential-diagnosis expert-testimony expert-testimony-admissibility federal-rule-of-evidence-702 genetic-causation genetic-testing rule-702 For an expert's causation opinion to be admissible, do Federal Rule of Evidence 702 and Daubert require additional testing of a plaintiff to eliminate…