0 results for 'Dow'
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.
Daubert Motions Set Stage for Public Vetting of Trump's Voter Fraud Evidence
The experts will be subject to the test established by the U.S. Supreme Court that our General Assembly adopted.
'Troubling Trends' in MDL Rulings Require Changes to Evidence Rules, Letter Says
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.
Judge's Expert Ruling 'Obliterates' J&J's Defense of 'Junk Science' in Talc Trials
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.
'Williams' Tackles 'Frye' and Scientific Evidence
The court in 'Williams' denied the defense's request for a 'Frye' hearing on LCN DNA testing.
50 Chief Legal Officers Seek More Rigorous Court Scrutiny of Expert Testimony
Fifty top legal officers of U.S. corporations sent a letter Monday urging the federal courts system to clarify a rule that sets standards for the use of expert testimony. The in-house counsel say courts too often are allowing juries to hear expert opinions. not based on scientific evidence.
Fla. Adopts 'Daubert' Standard: What Does That Mean and How Do We Apply It?
On May 23, the Florida Supreme Court, bucking decades of jurisprudence, announced that Florida courts would utilize the Daubert standard when evaluating the admissibility of expert testimony. With this ruling, Florida joins the majority of states and the federal judiciary in utilizing the Daubert standard.
Requiem for the Biomechanical 'Frye' Hearing?
On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.
'Daubert' Comes to New Jersey—or Does It?
One might make a strong argument that cases involving such cutting edge theories of causality should be assigned specially, as medical malpractice cases once were and as certain commercial disputes presently are, to a particular judge in the venue who would be the most competent to make difficult decisions as were made by the trial judge in Accutane.
New Jersey Is Not a 'Daubert Jurisdiction'
OP ED: In reiterating the law governing expert testimony in New Jersey, the Accutane decision does not break new ground in terms of how lawyers should approach expert testimony.TRENDING STORIES
More from ALM
- Legal Speak at General Counsel Conference Midwest 2024: Carolyn Burbrink, Uber Director of Volume Mobility Safety and Insurance Litigation 1 minute read
- Legal Speak at General Counsel Conference Midwest 2024: Andy Goldberg, Laner Muchin Managing Partner 1 minute read
- Legal Speak at Legalweek 2024: Priori CEO and Co-Founder Basha Rubin; Shook, Hardy & Bacon Partner Patrick Oot 1 minute read
Resources
Revenue, Profit, Cash: Managing Law Firms for Success
Brought to you by Juris Ledger
Download Now
Law Firm Operational Considerations for the Corporate Transparency Act
Brought to you by Wolters Kluwer
Download Now
The Ultimate Guide to Remote Legal Work
Brought to you by Filevine
Download Now
Practical Guidance Journal: Protecting Work Product in a Generative AI World
Brought to you by LexisNexis®
Download Now