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August 15, 2018 | New Jersey Law Journal

3rd Circuit Won't Disturb $500 Chemical Exposure Award in Paulsboro Derailment Case

The Third Circuit on Wednesday found no abuse of discretion in rejection of the plaintiff's medical expert for failure to proffer a sufficiently reliable causation methodology under the standard set out in the U.S. Supreme Court's 1993 "Daubert v. Merrell Dow Pharmaceuticals" decision.
4 minute read
July 18, 2018 | New York Law Journal

Psychological Testing: Controversy and Consensus

In his column on Matrimonial Practice, Timothy M. Tippins explores the current controversy regarding the reliability of psychological testing in custody determinations.
3 minute read
December 26, 2017 | New York Law Journal

Pass Your Next Legal Quiz (Or 'How to Ace a Senate Confirmation Hearing')

In her Litigation 101 column, Shira Forman writes: How would you do if faced with the same legal pop quiz as Matthew Petersen? Review this primer on the litigation concepts that eluded one would-be jurist.
5 minute read
October 02, 2017 | New Jersey Law Journal

Amid Push for 'Daubert' in NJ, Plaintiffs Lawyers See No Need for Change

While a host of parties is urging the New Jersey Supreme Court to adopt the "Daubert" standard for admissibility of expert testimony, some lawyers say a change is unnecessary.
4 minute read
June 23, 2017 | New York Law Journal

Wonder Woman and Evidence Law

Wonder Woman is a box office hit; Rotten Tomatoes rates it at 92 percent. This past week, I saw it with the Bracewell first year and summer associates and was wowed. But what is little known to lawyers—despite a brilliant book by Harvard historian Jill Lepore—is the role of Wonder Woman's creator, Dr. William Mouton Marston, in the history of evidence law.
14 minute read
October 21, 2016 |

DC Shifts to 'Daubert' Rule for Expert Testimony

The D.C. Court of Appeals ruled this week that the District would follow the standard used in the federal court system, replacing a rule that dates back nearly a century.
8 minute read
September 07, 2016 |

Circuit Orders Bridgegate Co-Conspirator List to Remain Sealed

The U.S. Court of Appeals for the Third Circuit has ruled that a list of unindicted co-conspirators from the Bridgegate scandal is not subject to any public right of access. The decision reverses a U.S. district court judge's order calling for disclosure of the list based on a finding that it is a bill of particulars and therefore in the public domain.
8 minute read
June 22, 2016 |

No Daubert, No Gatekeeper?: Missouri Mass Tort Verdicts Linked to Handling of Science Evidence

When a St. Louis courthouse was the venue where three juries issued substantial verdicts this year against Johnson & Johnson and Monsanto Co., it came as little surprise to the defense bar, which has long complained about the standards under which Missouri's courts admit scientific evidence.
20 minute read
May 09, 2016 |

When Experts 'Cherry-Pick' Among Competing Studies

In his Complex Litigation column, Michael Hoenig discusses a recent First Circuit decision that tees up some critical tensions in toxic tort experts' methodologies. For example, experts can and do rely upon scientific and technical literature. But what if the articles relied upon are themselves partially or wholly unreliable? Or what if there is inconsistent technical literature? Does "cherry-picking" favorable articles sufficiently create a jury question, or does the problem of conflicting literature go to the heart of the threshold "reliability" question inherent in Daubert admissibility criteria?
10 minute read
March 19, 2016 |

Porter v. SmithKline Beecham Corp., PICS Case No. 16-0218 (C.P. Philadelphia Feb. 10, 2016) Bernstein, J. (20 pages).

Expert testimony offering a scientific opinion on whether Zoloft was the cause of a birth defect was precluded under the Frye standard. otion for extension denied.
6 minute read

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