Issue: Whether Federal Rule of Evidence 702 requires
a court, and not the jury, to decide whether
expert testimony is “based on sufficient facts or data”
and “reliably applie[s] . . . principles and methods to
the facts of the case,” and to set aside a jury verdict
that rests on expert testimony that fails to meet these
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.