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By Michael A. Kaplan and Mikayla R. Berliner | December 14, 2022
One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ways on this issue.
8 minute read
By Michael J. Hutter | December 13, 2022
The Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.
13 minute read
By Paul Townsend | December 12, 2022
Federal courts must start enforcing the language of FRE 1006 and permit parties only to use charts to summarize evidence as aides rather than elicit testimony from live witnesses that merely recite the selected portions on the prepared demonstrative exhibit.
4 minute read
By Amanda Bronstad | December 8, 2022
U.S. District Judge Robin Rosenberg ruled that plaintiffs' experts in the Zantac multidistrict litigation had "unreliable methodologies" and "analytical leaps" from existing data.
4 minute read
By Amanda Bronstad | December 8, 2022
U.S. District Judge Robin Rosenberg ruled that plaintiffs' experts in the Zantac multidistrict litigation had "unreliable methodologies" and "analytical leaps" from existing data.
4 minute read
By Colleen Murphy | November 18, 2022
"But for that sole incident, nothing in the record suggests that prospective witnesses, or other third parties, were present in the room with the testifying witnesses," the per curiam opinion said. "Our review of the record shows the court took appropriate precautions to maintain the integrity of the proceedings."
4 minute read
By Cassandre Coyer | October 4, 2022
While virtual reality technology has already proved useful in many other industries, its use in legal is still coming into focus. While many have pointed to VR's potential to present evidence in trials, some argue that immersing jurors into a crime scene is a step too far.
4 minute read
By Michael A. Mora | September 12, 2022
"You will see a lot more of these mapping services utilized in trial and not contested as much as they were before," said Michael J. Pike, managing partner of Pike & Lustig.
4 minute read
By Ross Todd | September 8, 2022
Welch had an expert witness apologize to the court on the stand during her cross in a recent opioid trial in West Virginia.
6 minute read
By Jason Grant | August 30, 2022
The three-judge panel stated that "there is substantial evidence to support the district court's conclusion that the [Arkansas] Act prohibits medical treatment that conforms with the recognized standard of care. Even international bodies that consider hormone treatment for adolescents to be 'experimental' have not banned the care covered by Act 626."
6 minute read
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