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You Won't Know It When You See It: The Challenges of Fabricated Evidence In the Digital Age
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today's wired workplace, it's considerable.
You Won't Know It When You See It: The Challenges of Fabricated Evidence in the Digital Age
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today's wired workplace, it's considerable.
Second Circuit Uses DuPont Cancer Case to Weigh Level of Data Needed for Reliable Expert
Lawyers and judges traded views over whether an expert delivered an "unreliable" opinion with contradictions or whether she was being "remarkably candid."
DuPont Case Is Vehicle for Second Circuit to Weigh Level of Data Needed for Reliable Expert
Lawyers and judges traded views over whether an expert delivered an "unreliable" opinion with contradictions or whether she was being "remarkably candid."
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.
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Pennsylvania Commonwealth Court Rules 2024
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Appeals From In Limine Orders: Part I
The nonappealability of evidentiary rulings and orders from in limine motions, even when made on notice, are exceptions to the general rule regarding appeals as of right as set forth in CPLR 5701(a)(2).
A Dose of Reality for the NYC Asbestos Litigation
The opinions in 'Juni' present a sea change in the presentation of evidence on the issue of causation in New York asbestos cases. Plaintiffs will need to evaluate their proof on this issue to ensure that it meets the requirements of 'Parker' and 'Cornell'.
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.
Experts Flunk Reliability Test in BMW Case
In his Complex Litigation column, Michael Hoenig reports on a New York Court of Appeals decision in a case claiming that a youngster's mental and physical disabilities were caused by in utero exposure to unleaded gasoline vapor attributable to a defective gas hose in the pregnant mother's BMW.Ruling on Asbestos Experts a Potential Game Changer
In his Complex Litigation column, Michael Hoenig discusses asbestos litigation and the single-fiber theory, and a bombshell ruling that exposes the tensions between what experts claimed and what New York's legal standards require in order to admit reliable expert testimony.TRENDING STORIES
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