At his first hearing in the litigation over Johnson & Johnson’s baby powder, U.S. District Judge Michael Shipp had a laundry list of items to discuss, but at the top was the upcoming change to the federal rule of evidence.

“Do you believe that this new contemplated rule, or Evidence Rule 702, does it have any impact on Judge Wolfson’s opinion?” he asked lawyers at the Sept. 6 hearing, in Trenton, New Jersey, according to a transcript. “Do you think it makes it vulnerable?”

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