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Must the Government Ensure Defendants Equal Access to Overseas Evidence?
"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.
Proposed Amendments to Federal Rules of Evidence Leave Much Uncertain
"This is to demonstrate that the appropriate use of illustrative aids, demonstrative evidence, and summaries of voluminous materials remains unclear," write Michael A. Kaplan and Christopher Dernbach of Lowenstein Sandler.
Let's Go to the Video Tape: Crime Surveillance Videos and Jury Deliberations
"With our increased video technology, this decision represents a needed and welcomed addition to our evidentiary procedures," writes former Superior Court Judge Louis Locascio.
NJ Supreme Court Lowers the Reliability of 'DRE' Protocol, Harming Minorities
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.
The Long, Strange Odyssey of 'Frye v. United States'
Retired Superior Court Appellate Division Judge Harvey Weissbard traces the history of the 'Frye' doctrine from "from its inception to its demise" and the many "baby steps" it took to arrive there.
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Expert Protocol to Test for Stoned Driving Gets Supreme Court Approval on 5-2 Vote
"We are unpersuaded by the public defender's argument that the protocol is unreliable because two DREs applying it to the same driver can reach different opinions. Such potential differences of opinion do not necessarily make a diagnostic standard unsound," Judge Jack Sabatino, temporarily assigned, wrote for the court.
How Lawyers Are Already Wielding Upcoming Changes to Expert Evidence Rules
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.
'Enemies List': Plaintiffs' Expert Witnesses Are Targets as J&J Unit Revives Lawsuit
Johnson & Johnson subsidiary LTL Management filed a second fraud lawsuit on Friday against three plaintiffs' experts who authored a 2020 report linking its talcum powder products to mesothelioma.
Driving-While-Stoned Test Case Pushed Back as Court Adopts 'Daubert' Standard
But the need for special master Joseph Lisa to re-do his report under the revised standard means the Supreme Court is unlikely to come up with a ruling in "Olenowski" until the fall, said defense attorney Evan Levow.
Geofence Warrants: The Next Frontier in Privacy Litigation
No available New Jersey decision analyzes geofence warrants. 'U.S. v. Rhine', a decision issued two weeks ago by the federal district court for the District of Columbia, denying a January 6 defendant's motion to suppress geofence evidence, notes the limited number of federal authorities that have considered geofence warrants.TRENDING STORIES
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