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By Quentin Brogdon | March 15, 2024
"An amendment to Federal Rule of Evidence 702 no doubt will raise the hurdles to be cleared by experts in the eyes of some federal judges, but the Committee Note accompanying the amendment should provide some comfort to the proponents of expert testimony," according to Quentin Brogdon of Crain Brogdon.
7 minute read
By Edward E. Neiger, Alexandra Robertson and Gregory Lawrence | March 8, 2024
This article discusses how, for multidistrict litigation (MDL) to move forward to trials, we must understand 'Daubert', Rule 702 and the role of the judge in determining the admissibility of expert testimony. It goes on to highlight recent updates in related Tylenol and Paraquat MDL cases.
6 minute read
By Alex Anteau | February 26, 2024
Raising the stakes, counsel for the excess insurance carrier was hired to sit on the trial where tensions were running high.
4 minute read
By Amanda Bronstad | February 1, 2024
Johnson & Johnson subpoenaed records concerning plaintiffs' expert Dr. Jacqueline Moline and a partnership involving attorney Andy Birchfield and one of its former lawyers.
5 minute read
By Paul Shechtman | January 26, 2024
In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
12 minute read
By Joshua S. Bauchner | January 24, 2024
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
4 minute read
By Harvey Weissbard | January 19, 2024
Retired Superior Court Appellate Division Judge Harvey Weissbard traces the history of the 'Frye' doctrine from "from its inception to its demise" and the many "baby steps" it took to arrive there.
17 minute read
By Louis F. Locascio | December 28, 2023
Does an expert's "rule of thumb" assessment meet scientific standards, or should it be inadmissible? Former Monmouth County Superior Court Judge Louis Locascio weighs in on the recent New Jersey Supreme Court ruling.
7 minute read
By Alex Anteau | December 26, 2023
"You can have the smartest person in a particular field, but if they think they're the best thing and that comes across to the jurors, they can be completely turned off," said jury consultant Aref Jabbour.
5 minute read
By Amanda Bronstad | December 18, 2023
Kenvue, formerly Johnson & Johnson Consumer, manufacturer of Tylenol, said it planned to move for dismissal of the lawsuits after U.S. District Judge Denise Cote found all five of plaintiffs' general causation experts inadmissible.
3 minute read
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