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By Lisa Zeiderman and Matthew Marcus | July 24, 2020
In high conflict divorces, the child's therapist plays a unique role. While the therapist likely offers an invaluable perspective on the needs and interests of their patient, such perspective may, and often does, conflict with the desired outcome of one party. The matrimonial practitioner must be cognizant of many issues to ensure the best interests of the child.
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By Amanda Bronstad | June 10, 2020
Judges in dozens of rulings in multidistrict litigation have failed to follow Rule 702 in allowing expert testimony into trials that should not have been admissible, wrote three defense lawyers in a Tuesday letter to the Judicial Conference Advisory Committee on Evidence Rules, which is reviewing possible amendments.
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By Max Mitchell | May 28, 2020
Although the consumer products maker argued the doctors used methods that were not generally accepted in the scientific community, the Philadelphia trial judge said that, instead of actually challenging the doctors' methods, J&J's motions simply contested their conclusions, which is a fact-finding issue for juries to decide.
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By Amanda Bronstad | May 22, 2020
Johnson & Johnson attributed its decision this week to discontinue sales of talc-based baby powder to COVID-19 and declining demand, but lawyers and law professors point instead to an April 27 ruling allowing plaintiffs' experts to testify in trials.
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By Amanda Bronstad | May 22, 2020
"I think it's an admission," said Robinson, who is gearing up for another trial talc trial in California state court, of Johnson & Johnson's decision to discontinue sales of its talcum powder-based baby powder. "The court is going to have to decide if it's an admission or not, but I think it's an admission. They just don't accidentally drop a product they've had for well over 100 years."
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By P.J. D'Annunzio | April 30, 2020
Providing guidance on the necessary elements of expert testimony in a medical malpractice case, the Pennsylvania Superior Court has reversed a trial judge's grant of nonsuit in favor of a Lancaster County surgeon sued for negligence after one of his patients died of a pulmonary embolism following colon surgery.
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By Amanda Bronstad | April 27, 2020
On Monday, U.S. District Judge Freda Wolfson, who is overseeing the talcum powder multidistrict litigation against Johnson & Johnson, found that five plaintiffs' experts, two of whom have testified before Congress on talcum powder safety, could appear before juries. The ruling is the first in which a federal judge has ruled on the scientific evidence in talc trials.
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By Paul Shechtman | April 20, 2020
The court in 'Williams' denied the defense's request for a 'Frye' hearing on LCN DNA testing.
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By P.J. D'Annunzio | April 15, 2020
"'Five thousand. Five thousand of those radiologists and [the plaintiff] couldn't find one of them to come into this courtroom to support [his fact witness] did you know that?'" defense counsel asked the defendant's musculoskeletal radiology expert on the witness stand.
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By P.J. D'Annunzio | April 9, 2020
"The record demonstrates that no scientific method exists for dating DNA deposits, and that Dr. Wecht's methodology is not generally accepted in the forensic pathology field," the Superior Court said. "We conclude trial counsel had no reasonable basis for failing to seek preclusion of Dr. Wecht's testimony under Frye, and the admission of his testimony caused substantial prejudice to appellant."
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