New York Law Journal | Analysis
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.
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.
By Amanda Bronstad | December 18, 2023
Kenvue, formerly Johnson & Johnson Consumer, manufacturer of Tylenol, said it planned to move for dismissal of the lawsuits after U.S. District Judge Denise Cote found all five of plaintiffs' general causation experts inadmissible.
By Ellen Bardash | October 31, 2023
The update to Rule 702, set to go into effect officially on Dec. 1, has raised the issue of whether it's a long overdue way to hold judges to an evidentiary standard they should have been following for decades or if it encourages them to cross over into the jurors' domain.
By Amanda Bronstad | Ross Todd | Ellen Bardash | October 19, 2023
At a Sept. 6 status hearing, lawyers on both sides of the talcum powder lawsuits against Johnson & Johnson debated the impact of the upcoming amendments to Federal Rule 702 of Evidence.
New York Law Journal | Analysis
By Ben Rubinowitz and Evan Torgan | October 5, 2023
All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.
New York Law Journal | Analysis
By John Lyddane | September 18, 2023
In the first installment of this two-part Medical Malpractice Defense column, John Lyddane discusses the origin and historical development of the professional reliability exception to the general rule against hearsay. Its application to malpractice defense will be explored in the second installment.
By Amanda Bronstad | September 5, 2023
The New York neurologist, Dr. Earl Ray Dorsey, 'was never instructed, coached, or encouraged to prepare his article,' his lawyers responded this week in court.
By Andrew Lavoott Bluestone | June 29, 2023
A discussion of the rules on deposing a professional as an expert, including the standard of care and importance of the witnesses' own conduct.
By Amanda Bronstad | May 22, 2023
U.S. Magistrate Judge Valerie Figueredo, in New York, denied a demand from defendants to disclose of 33 individuals in plaintiff's expert Dr. Jacqueline Moline's 2019 report, used in talc cases nationwide to link cosmetic talc to mesothelioma.
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