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November 15, 2023 | New Jersey Law Journal

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.
8 minute read
November 02, 2023 | Law.com

Judges, Lawyers Brace for Expert Evidence Rule Changes

An amendment to Federal Rule of Evidence 702 is set to take effect on Dec. 1, after years of discussion from the Judicial Conference Committee on Rules of Practice.
6 minute read
October 31, 2023 | Law.com

How May US Judges Vet Experts for Jurors? The New Evidence Rule Set to Take Effect Is Sparking Debate

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.
5 minute read
October 31, 2023 | Delaware Business Court Insider

Looming Evidence Rule Is Sparking Debate on How US Judges Will Vet Experts

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.
5 minute read
October 19, 2023 | Law.com

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.
6 minute read
Law Journal Press | Digital Book Florida Evidence and Procedure 2019 Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez View this Book

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May 19, 2023 | Legaltech News

Deepfakes Could Upend E-Discovery Costs and Capabilities. Is There a Path Forward?

While e-discovery professionals have often had to navigate false evidence, advancements in generative AI have allowed deepfakes to reach a new level of realism that could make their work more difficult and costly, and strain the rules of evidence.
6 minute read
February 17, 2023 | New Jersey Law Journal

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.
7 minute read
June 28, 2022 | Law.com

State High Court Reinstates Murder Conviction Under Recently Adopted Expert Testimony Standard

In its first application of the Daubert standard regarding the admissibility of expert testimony, the Maryland Court of Appeals has affirmed that a trial court acted within its discretion to admit a scientist's testimony about the use of photogrammetry to identify a murder suspect's height, despite an unknown degree of uncertainty in the measurements.
7 minute read
December 09, 2021 | New Jersey Law Journal

Proposed Amendments to FRE 702: The Court as Gatekeeper to Expert Testimony

The Advisory Committee on Civil Rules of the Federal Judicial Conference, recently approved two important amendments to Rule 702 of the Federal Rules of Evidence concerning expert witness testimony. The proposed amendments are a step in the right direction to a more consistent application of Rule 702.
8 minute read
February 05, 2021 | New York Law Journal

The Fallibility of Expertise: A Call for Judicial Skepticism

In his Matrimonial Practice column, Timothy M. Tippins uses the so-called "expertise" that we've seen almost daily during the pandemic to illustrate the point that expert utterances need to be assessed with a massive measure of skepticism. Specifically, forensic testimony in custody trials is one that is truly ripe for intense and skeptical judicial scrutiny.
11 minute read

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