The Subrogation Strategist

In Rich v. Plumbing No. 1:23-cv-00705-SAG, 2025 U.S. Dist. LEXIS 2263, the United States District Court for the District of Maryland considered two motions for summary judgment, each arguing that the court should exclude the testimony of the plaintiff’s expert. Although the court allowed the plaintiff to file a supplemental brief, it ultimately granted the defendants’ motions for summary judgment. Consequently, the court deemed the testimony of the plaintiff’s one and only expert inadmissible.

The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her ... Continue Reading

In April, the Supreme Court sent a list of proposed amendments to Congress that amend the Federal Rules of Evidence. Absent action by Congress, the rules go into effect December 1, 2023.  The proposed amendments affect Rules 106, 615 and, relevant to this article, 702.

Rule 702 addresses testimony by an expert witness. The proposed rule reads as follows (new material is underlined; matters omitted are lined through):

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:

(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;

(b) the testimony is based on sufficient facts or data;

(c) the testimony is the product of reliable principles and methods; and

(d) the expert has reliably applied expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.Continue Reading