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February 17, 2023 | Law.com

Federal Judge Denies Sanctions: 'No Evidence' Showing Plaintiff, Counsel Intentionally Failed to Preserve Vehicle's Event Data Recorder

"After the November 2018 inspection, defense counsel did not take any steps to set a second inspection date to download the Kia's EDR nor did they communicate a further interest to inspect the Kia before its destruction, which occurred in April 2019," said U.S. District Judge Norman K. Moon of the Western District of Virginia.
5 minute read
March 10, 2022 | New York Law Journal

Evidence Properly Seized, Abuse Claims Barred, University's Motion Granted

In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant representative decisions handed down recently, including: a decision declining to suppress a gun and evidence of marijuana possession; a holding that claims relating to sexual abuse of a minor were time-barred and an extension of time for filing did not apply; and a decision granting a college's motion for judgment on the pleadings in a suit over the suspension of in-person classes.
9 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
May 05, 2021 | New Jersey Law Journal

The Fallacy of Statistical Significance Under 'Daubert'

An important look at the standard for assessing medical causality, including the Bradford-Hill factors and U.S. Supreme Court precedent.
9 minute read
April 23, 2021 | New York Law Journal

Appeals From In Limine Orders: Part II

This second part of a two-part article on the appealability of evidentiary rulings and orders from in limine motions continues with in limine motions to preclude or permit expert witnesses, including preclusion applications grounded on inadequate disclosure.
15 minute read
Law Journal Press | Digital Book Texas Personal Automobile Insurance Policy 2020 Authors: Janet K. Colaneri, Bret Weatherford View this Book

View more book results for the query "Ford Motor"

April 19, 2021 | The Legal Intelligencer

Industry Standards Evidence May Be Excluded From Products Liability Cases, Pa. Appeals Court Rules

The intermediate appeals court's decision, which upheld a $2.5 million verdict, also differs from some federal district courts that have allowed such evidence.
4 minute read
October 14, 2020 | New York Law Journal

Lay Opinion in the Context of Medical Malpractice Defense

The neatly divided roles of fact witness, expert witness and finder of fact are understandable in theory, but have not always been easy to apply to the evidence in a given case, as explored by John L.A. Lyddane in his column on Medical Malpractice Defense.
8 minute read
August 10, 2020 | New York Law Journal

A Lie is a Lie is a Lie: Toward a Broader Application of the Tailored Testimony Rule

Tim Capowski and John Watkins discuss the inherent problems with the "tailored testimony rule" and conclude that "allowing litigants to reverse or revise themselves, without explanation, and without penalty undermines the search for truth and turns litigation into mere sport."
18 minute read
November 20, 2019 | New Jersey Law Journal

'Major Ramifications': Court Weighs Manufacturers' Duty to Warn of Asbestos in Replacement Parts

Defense attorney Sean Marotta of Hogan Lovells argued that the decision below "contravenes decades of precedent," while plaintiff attorney Christopher Placitella of Cohen, Placitella & Roth argued that "the policy reasons for imposing duty to warn here are significant."
8 minute read
July 03, 2019 | New York Law Journal

Jurisdiction and Due Process; Deposition 'Coaching' Update

In his Complex Litigation column, Michael Hoenig discusses an important recent decision on permissible exercise of long-arm jurisdiction by New York courts over an Ohio merchant of guns, and provides an update on deposition misconduct in light of a decision awarding sanctions against plaintiff's counsel in a multidistrict class action litigation.
10 minute read

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