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Program Details
2026-10-08 12:00:00
Over 1,000+ webinars
Course Overview
2026-10-08 12:00:00
2h CLE Credits
Intermediate
2
This session walks defense counsel through the full arc of a general-causation exclusion motion under amended Federal Rule of Evidence 702—from targeted deposition of the plaintiff’s causation expert through Daubert briefing and hearing. Attorneys will learn how the December 2023 amendment’s explicit preponderance standard and reliability-of-application requirement change both deposition strategy and motion practice, drawing on recent landmark exclusions in the Paraquat, Onglyza, Engilis, and Zantac litigations. Participants will leave with a replicable framework for exposing methodological deficiencies at deposition and converting those concessions into winning exclusion arguments at the Daubert stage.
This session examines what defense counsel must do after an appellate court reverses a Daubert exclusion and remands for further proceedings — a scenario now live in the Second Circuit’s July 2026 acetaminophen MDL decision. Attorneys will learn how the 2023 amendments to FRE 702 sharpen the defense’s toolkit on remand, how law-of-the-case doctrine constrains re-challenge strategy, and how to attack expert reliability at the methodology-application level rather than the methodology-acceptance level. Attendees will leave with a concrete framework for auditing reinstated expert reports, identifying new attack vectors, and anticipating plaintiffs’ supplementation maneuvers on remand.
Faegre Drinker Biddle & Reath LLP
Faegre Drinker Biddle & Reath LLP
Faegre Drinker Biddle & Reath LLP
Jessica Benson Cox is a trial attorney based in Indianapolis who defends clients in personal injury matters built on complex questions of science and medicine, including cases involving traumatic brain injuries, medical devices, pharmaceuticals, cosmetics, consumer products, and digital platforms. She serves as co-chair of Faegre Drinker’s pharmaceutical and medical device practice team and brings more than 15 years of experience in mass tort litigation, where she currently co-leads an MDL in the Southern District of Indiana and has directed science and expert strategy in litigation over local anesthetics, orthopedic products, and cardiovascular devices.
Faegre Drinker Biddle & Reath LLP
Eric M. Friedman is an Indianapolis-based product liability defense attorney whose practice centers on the scientific and expert witness issues that arise in tort litigation. A biochemist before becoming a lawyer, he moves comfortably between medical literature and case law, defending the science behind clients’ products, developing defense theories, and identifying weaknesses in opposing experts’ opinions. He serves as co-chair of Faegre Drinker’s Product Liability and Mass Torts Science & Experts Team and writes frequently on developments in expert witness discovery and admissibility.
Faegre Drinker Biddle & Reath LLP
Jessica Benson Cox is a trial attorney based in Indianapolis who defends clients in personal injury matters built on complex questions of science and medicine, including cases involving traumatic brain injuries, medical devices, pharmaceuticals, cosmetics, consumer products, and digital platforms. She serves as co-chair of Faegre Drinker’s pharmaceutical and medical device practice team and brings more than 15 years of experience in mass tort litigation, where she currently co-leads an MDL in the Southern District of Indiana and has directed science and expert strategy in litigation over local anesthetics, orthopedic products, and cardiovascular devices.
Faegre Drinker Biddle & Reath LLP
Eric M. Friedman is an Indianapolis-based product liability defense attorney whose practice centers on the scientific and expert witness issues that arise in tort litigation. A biochemist before becoming a lawyer, he moves comfortably between medical literature and case law, defending the science behind clients’ products, developing defense theories, and identifying weaknesses in opposing experts’ opinions. He serves as co-chair of Faegre Drinker’s Product Liability and Mass Torts Science & Experts Team and writes frequently on developments in expert witness discovery and admissibility.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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