Category Archives: Publications

THE FIRST 100 DAYS OF AMENDED FRE 702: The Good, the Bad, the Ugly, and the Next Steps

By Lee Mickus, a partner in the Denver, CO office of Evans Fears & Schuttert LLP. On December 1, 2023, amended Federal Rule of Evidence 702 became effective. The Advisory Committee’s Note declares that the amendments were put into place to “clarify and emphasize” the applicable burden of proof and the admissibility criteria, and not […]

TRIAL COURT’S EVIDENTIARY RULING IN “NATURAL VANILLA” CLASS ACTION REFLECT NEED FOR CHANGES TO RULE 702

By Lee Mickus, a partner in the Denver, CO office of Evans Fears & Schuttert LLP. Federal class actions brought against distributors of food and consumer products often depend on survey results to achieve class certification, yet some courts fail to recognize that such evidence must meet the requirements of Federal Rule of Evidence 702.  A […]

STOP CALLING THEM “DAUBERT MOTIONS”: FEDERAL RULE OF EVIDENCE 702 AND WHY WORDS MATTER

By Lee Mickus, a partner with Evans Fears & Schuttert LLP in the firm’s Denver, CO office, and Abigail Dodd, a Senior Legal Counsel in Shell Oil Company’s Litigation Group. INTRODUCTION “Daubert motion” has become de rigeur slang among federal practitioners when referring to a motion to exclude an expert witness.  Courts also frequently use that nomenclature, making statements such […]

TEXAS HIGH COURT RULINGS ON MEDICAL-EXPENSE DAMAGES REEL IN PLAINTIFFS’ WINDFALL-PROFIT TACTICS

By Lee Mickus, a partner in the Denver, CO office of Evans Fears & Schuttert LLP, and Alexander G. Mickus, a J.D. Candidate at the University of Iowa College of Law. The Texas legislature and courts have long sought to prevent plaintiffs in personal injury cases from exploiting medical expense damages to produce windfall recoveries.  With the […]

FOLLOW LOUISIANA’S LEAD: THE CASE FOR ELIMINATING STATE GAG RULES ON MOTORISTS’ FAILURE TO BUCKLE UP

By Lee Mickus, a Partner in the Denver, CO office of Evans Fears & Schuttert LLP. Executive Summary Laws in three-quarters of U.S. states and the District of Columbia prohibit or severely restrict defendants in motor-vehicle accident jury trials from introducing evidence that injured drivers or passengers had not buckled their seatbelt. For more than three […]