Contributed Content & Presentations

Michael Silverstein and David Hopkins Published in Law360 on Second Circuit Tylenol Decision and Expert Testimony Standards

August 7, 2026

Practices:

Law360 recently published an article authored by Benesch Senior Managing Associates Michael Silverstein and David Hopkins, examining the U.S. Court of Appeals for the Second Circuit’s recent decision reviving litigation involving allegations that prenatal acetaminophen use may be linked to autism spectrum disorder and ADHD.

In the article, Silverstein and Hopkins analyze the appellate court’s treatment of expert testimony under Federal Rule of Evidence 702 and discuss the broader implications for judicial gatekeeping and the admissibility of scientific evidence in complex product liability litigation. The authors explore how the decision may influence future challenges to expert testimony and shape the evolving application of Rule 702 in federal courts.

More: 2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping – Law360