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The Daubert Exclusion Just Got Reversed: Defending Causation Experts Under Amended Rule 702

A Daubert exclusion just got reversed. Learn to depose causation experts, build winning exclusion motions under amended Rule 702, audit reinstated expert reports, and re-challenge reliability on remand after the Second Circuit’s acetaminophen MDL decision.

2026-10-08 12:00:00

Program Details

2026-10-08 12:00:00

Program Details

2026-10-08 12:00:00

Over 1,000+ webinars

2026-10-08 12:00:00

Course Overview

The Daubert Fight No Longer Ends at Exclusion

2026-10-08 12:00:00

The December 2023 amendment to Federal Rule of Evidence 702—which amplified the preponderance standard and reliability-of-application requirement for expert testimony—reinforced Rule 702 as a serious check on causation experts in mass tort and pharmaceutical litigation. With a string of rulings excluding general causation experts in multidistrict litigations such as those involving Zantac, Onglyza, Paraquat, and Roundup, Rule 702 is clearly an attractive tool for challenging mass tort experts. However, a July 2026 Second Circuit decision reversing a Rule 702 exclusion in the acetaminophen multidistrict litigation highlights important limitations and strategic considerations when moving to exclude general causation expert testimony.

This program equips defense-side practitioners with the tools to understand the current Rule 702 landscape, develop strategies for a Rule 702 challenge to opposing experts, develop key evidence, and structure effective Rule 702 motions. The program moves beyond doctrine and delivers replicable, practical deliverables such as frameworks for exposing methodological gaps at an expert’s deposition and approaches for structuring Rule 702 arguments to capitalize on an expert’s omissions and concessions.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Amended Rule 702 Framework
The December 2023 amendment’s history, language, and application in recent case law
02
Lessons From Recent Rulings
What the Zantac, Onglyza, Paraquat, Roundup, and acetaminophen litigations teach practitioners
03
Acetaminophen MDL Reversal
Limits and strategic considerations revealed by the Second Circuit’s July 2026 decision
04
Spotting Rule 702 Arguments
Identifying potential challenges upon receiving an opposing expert’s report
05
Deposition and Motion Strategy
Exposing methodological gaps and structuring arguments around an expert’s omissions and concessions
06
Protecting Your Own Experts
Safeguarding defense experts against Rule 702 challenges from the opposing side

Program schedule

clock 12:00 pm - 1:00 pm EST

Rule 702 and the December 2023 Amendment: Relevant History and Current Landscape

This session walks defense counsel through the history that led to the December 2023 amendment to Federal Rule of Evidence 702, the language and intended impact of the amendment itself, and an overview of case law applying Rule 702 as amended. Attorneys will learn how the December 2023 amendment’s explicit preponderance standard and reliability-of-application requirement inform both deposition strategy and motion practice, drawing on recent rulings in the Zantac, Onglyza, Paraquat, Roundup, and acetaminophen litigations.  Participants will leave with a legal framework for spotting and structuring Rule 702 arguments.

Jessica Benson CoxJessica Benson Cox
Eric M. Friedman Eric M. Friedman 
clock 1:10 pm - 2:10 pm EST

The Rule 702 Playbook: Identifying Arguments and Developing the Evidence

This session offers practical guidance on how to identify potential Rule 702 arguments upon receiving an opposing expert’s report, develop those arguments at deposition, and frame those arguments in a Rule 702 motion. The discussion will also feature tips on how to safeguard one’s own experts from Rule 702 challenges. Attorneys will learn how Rule 702 as amended informs deposition and motion practice. Attendees will leave with a concrete framework for setting up strong Rule 702 attacks on opposing experts and blunting attacks on their own experts.

Jessica Benson CoxJessica Benson Cox
Eric M. Friedman Eric M. Friedman 
Jessica Benson Cox

Jessica Benson Cox

Faegre Drinker Biddle & Reath LLP

Eric M. Friedman 

Eric M. Friedman 

Faegre Drinker Biddle & Reath LLP

Jessica Benson Cox

Jessica Benson Cox

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.

Education & Credentials

Jessica earned her J.D., cum laude, from Case Western Reserve University School of Law in 2006, where she served as articles editor of the Law Review, and her B.S. in Child Development and Psychology, magna cum laude, from Vanderbilt University in 2003. She is admitted to the Indiana bar and to the U.S. District Courts for the Central District of Illinois and the Northern and Southern Districts of Indiana.

Recognition & Leadership

Jessica is ranked in Chambers USA for Indiana Litigation: Product Liability (2026) and was named a Law360 Rising Star in Product Liability in 2019, in large part for her bellwether trial work. Her honors also include the Indianapolis Business Journal's Forty Under 40 (2018), the Indiana State Bar Association's Outstanding Young Lawyer award (2015), and Indiana Super Lawyers Rising Star recognition in General Litigation (2015, 2017–20) and Personal Injury – Products: Defense (2016). She serves as co-chair of Faegre Drinker's pharmaceutical and medical device practice team.

Professional Involvement

Jessica is active in the American Bar Association's Section of Litigation, where she participates in the Pharmaceutical, Medical Device, and Biotech Subcommittees, and she belongs to the Indiana State Bar Association and the Defense Research Institute. She served on the Law360 Product Liability Editorial Advisory Board in 2020 and has served on the board of directors of the Juvenile Diabetes Research Foundation's Indiana State Chapter since 2012.

Experience

Jessica has developed bellwether trial selection strategies, pursued screening orders that led to the dismissal of hundreds of cases, overseen inventory and individual settlement negotiations, and helped streamline discovery and motion practice in large-scale litigation. She has tried cases involving complex medical issues in jurisdictions across the country, including work on the Cook Medical IVC filter national MDL and the trial team that secured a complete defense verdict for the NCAA, and her team has achieved dismissals through motion practice under the laws of 21 states. She also advises pharmaceutical companies on product liability considerations for biologics and biosimilars and on compliance with state and federal restrictions on pharmaceutical marketing.
Eric M. Friedman 

Eric M. Friedman 

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.

Education & Credentials

Eric earned his J.D., magna cum laude and Order of the Coif, from the University of California, Hastings College of the Law in 2011, where he served as senior articles editor of the Hastings Law Journal. He also holds an M.A. in Molecular and Cell Biology from the University of California, Berkeley (2007) and a B.S. in Biochemistry from the University of Wisconsin – Madison (2003). He is admitted to the bars of California and Indiana and to the U.S. District Courts for the Southern District of Indiana and the Central and Northern Districts of California.

Recognition & Leadership

Eric has been named to the Best Lawyers "Ones to Watch" list for Product Liability Litigation – Defendants each year from 2022 through 2025 and recognized by JD Supra as a "Top 10 Product Liability Author" in its Readers' Choice Awards from 2023 through 2025. He has appeared on Faegre Drinker's Pro Bono Honor Roll from 2020 through 2025 and serves as co-chair of the firm's Product Liability and Mass Torts Science & Experts Team.

Professional Involvement

Eric is a member of the Indianapolis Bar Association and the Defense Research Institute, and he contributes regularly to the Faegre Drinker on Products blog, writing on developments in expert witness discovery and admissibility.

Experience

Eric defends companies against a wide variety of tort claims, with particular depth in the scientific and expert witness issues that arise in product liability litigation, including work on the Cook Medical IVC filter national MDL. Before joining the firm, he practiced with a defense firm in the San Francisco Bay Area, assisting clients on hundreds of California tort cases from pre-litigation through settlement and trial. He also works pro bono to help veterans obtain disability benefits.
Jessica Benson Cox

Jessica Benson Cox

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.

Education & Credentials

Jessica earned her J.D., cum laude, from Case Western Reserve University School of Law in 2006, where she served as articles editor of the Law Review, and her B.S. in Child Development and Psychology, magna cum laude, from Vanderbilt University in 2003. She is admitted to the Indiana bar and to the U.S. District Courts for the Central District of Illinois and the Northern and Southern Districts of Indiana.

Recognition & Leadership

Jessica is ranked in Chambers USA for Indiana Litigation: Product Liability (2026) and was named a Law360 Rising Star in Product Liability in 2019, in large part for her bellwether trial work. Her honors also include the Indianapolis Business Journal's Forty Under 40 (2018), the Indiana State Bar Association's Outstanding Young Lawyer award (2015), and Indiana Super Lawyers Rising Star recognition in General Litigation (2015, 2017–20) and Personal Injury – Products: Defense (2016). She serves as co-chair of Faegre Drinker's pharmaceutical and medical device practice team.

Professional Involvement

Jessica is active in the American Bar Association's Section of Litigation, where she participates in the Pharmaceutical, Medical Device, and Biotech Subcommittees, and she belongs to the Indiana State Bar Association and the Defense Research Institute. She served on the Law360 Product Liability Editorial Advisory Board in 2020 and has served on the board of directors of the Juvenile Diabetes Research Foundation's Indiana State Chapter since 2012.

Experience

Jessica has developed bellwether trial selection strategies, pursued screening orders that led to the dismissal of hundreds of cases, overseen inventory and individual settlement negotiations, and helped streamline discovery and motion practice in large-scale litigation. She has tried cases involving complex medical issues in jurisdictions across the country, including work on the Cook Medical IVC filter national MDL and the trial team that secured a complete defense verdict for the NCAA, and her team has achieved dismissals through motion practice under the laws of 21 states. She also advises pharmaceutical companies on product liability considerations for biologics and biosimilars and on compliance with state and federal restrictions on pharmaceutical marketing.
Eric M. Friedman 

Eric M. Friedman 

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.

Education & Credentials

Eric earned his J.D., magna cum laude and Order of the Coif, from the University of California, Hastings College of the Law in 2011, where he served as senior articles editor of the Hastings Law Journal. He also holds an M.A. in Molecular and Cell Biology from the University of California, Berkeley (2007) and a B.S. in Biochemistry from the University of Wisconsin – Madison (2003). He is admitted to the bars of California and Indiana and to the U.S. District Courts for the Southern District of Indiana and the Central and Northern Districts of California.

Recognition & Leadership

Eric has been named to the Best Lawyers "Ones to Watch" list for Product Liability Litigation – Defendants each year from 2022 through 2025 and recognized by JD Supra as a "Top 10 Product Liability Author" in its Readers' Choice Awards from 2023 through 2025. He has appeared on Faegre Drinker's Pro Bono Honor Roll from 2020 through 2025 and serves as co-chair of the firm's Product Liability and Mass Torts Science & Experts Team.

Professional Involvement

Eric is a member of the Indianapolis Bar Association and the Defense Research Institute, and he contributes regularly to the Faegre Drinker on Products blog, writing on developments in expert witness discovery and admissibility.

Experience

Eric defends companies against a wide variety of tort claims, with particular depth in the scientific and expert witness issues that arise in product liability litigation, including work on the Cook Medical IVC filter national MDL. Before joining the firm, he practiced with a defense firm in the San Francisco Bay Area, assisting clients on hundreds of California tort cases from pre-litigation through settlement and trial. He also works pro bono to help veterans obtain disability benefits.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

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Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Approved
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Approved
Nebraska
Pending
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

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.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs