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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
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
Law Journal Press | Digital Book New Jersey Medical Malpractice Law 2024 Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown View this Book

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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
May 11, 2018 | Daily Report Online

Plaintiffs' Counsel Defend Judge in Contentious Ford Roof Crush Case

The latest development is a defense of Gwinnett County State Court Judge Shawn Bratton, who was the subject of a motion for recusal from Ford accusing him of bias, unfairness and one-sided rulings.
6 minute read
March 29, 2018 | Connecticut Law Tribune

Local Carpenter Awarded $185,000 for Spinal Injury in Van Wreck

Christian Fongemie injured his cervical spine and suffered injuries to his arms and neck following a 2016 car collision. A jury this month awarded him $185,000.
3 minute read

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