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By Joshua M. Robbins and Ross Garrett | April 11, 2024
"Courts have typically declined to force the government to use the MLAT process for defendants' benefit," write Joshua M. Robbins and Ross Garrett of Buchalter.
9 minute read
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel | April 9, 2024
"The presentation of expert mental health information to the court is essential, but such evidence ... is likely to draw objections," according to Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel.
9 minute read
Delaware Business Court Insider
By Ellen Bardash | March 26, 2024
"The difficulty with valuing crypto assets as opposed to other assets is they have no inherent value," a bankruptcy judge observed.
4 minute read
By Jules Epstein | March 25, 2024
An expert with knowledge that jurors don't have should be permitted to testify when that knowledge will inform the decisionmaker and meets the basic relevance threshold.
5 minute read
By Quentin Brogdon | March 15, 2024
"An amendment to Federal Rule of Evidence 702 no doubt will raise the hurdles to be cleared by experts in the eyes of some federal judges, but the Committee Note accompanying the amendment should provide some comfort to the proponents of expert testimony," according to Quentin Brogdon of Crain Brogdon.
7 minute read
By Edward E. Neiger, Alexandra Robertson and Gregory Lawrence | March 8, 2024
This article discusses how, for multidistrict litigation (MDL) to move forward to trials, we must understand 'Daubert', Rule 702 and the role of the judge in determining the admissibility of expert testimony. It goes on to highlight recent updates in related Tylenol and Paraquat MDL cases.
6 minute read
By Alex Anteau | February 26, 2024
Raising the stakes, counsel for the excess insurance carrier was hired to sit on the trial where tensions were running high.
4 minute read
By Amanda Bronstad | February 1, 2024
Johnson & Johnson subpoenaed records concerning plaintiffs' expert Dr. Jacqueline Moline and a partnership involving attorney Andy Birchfield and one of its former lawyers.
5 minute read
By Paul Shechtman | January 26, 2024
In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
12 minute read
By Joshua S. Bauchner | January 24, 2024
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
4 minute read
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