News & Analysis as of

Cross Examination

A Look-In At The Halfway Point In The Critical GrubHub Trial

by Fisher Phillips on

As readers of this blog know, we are right in the midst of one of the most significant legal developments for the gig economy. For the first time, a judge is being asked to definitely decide at trial whether a typical...more

Defence & Indemnity - August 2017: IV. PRACTICE ISSUES - Nemchin v. Green, 2017 ONSC 1403, per Corthorn, J. [4241]

by Field Law on

IV. PRACTICE ISSUES - B. A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to...more

Handling Improper Coaching of Witnesses During PTAB Deposition Proceedings

by Jones Day on

Many attorneys have encountered an opposing party’s witness that provides very concise, supportive responses to the questions of the witness’s own attorney after a recess in a deposition. Often, these helpful responses occur...more

Plaintiff Sanctioned for Spoliation of Evidence in His Case Against Taylor Swift: eDiscovery Case Law

by CloudNine on

In Mueller v. Swift, No. 15-cv-1974-WJM-KLM (D. Colo. July 19, 2017), Colorado District Judge William J. Martinez ruled that “Plaintiff’s loss or destruction of the complete recording of the June 3, 2013 conversation [between...more

How much can a judge intervene in cross-examination before a trial becomes unfair?

by Dentons on

Lord Justice Jackson's reforms to the Civil Procedure Rules (CPR) enabled judges to take a more active part in case management: they can manage the parties' costs budgets, control the timetable, limit expert evidence and...more

PTAB Expunges Non-Compliant Motions for Observations on Cross-Examination

by Knobbe Martens on

The PTAB expunged non-compliant motions for observations on cross-examination in Xilinx, Inc. v. Papst Licensing GMBH & Co., KG, IPR2016-00104, Paper 22 & IPR2016-00105, Paper 22 (P.T.A.B. May 3, 2017). ...more

Cross-Examination Is Not Authorized as Routine Discovery Where the Relied-Upon Testimony Is from an Underlying Litigation

On January 30, 2017, the Patent Trial and Appeal Board (PTAB or “the Board”) granted in part the petitioner’s motion to strike various declarations of a named inventor because the patent owner failed to make him available for...more

Brilliant Yet So Simple – The First FCPA Mock Trial Institute

by Thomas Fox on

Sometimes an idea is so simplistically brilliant you wonder why no one actually thought of it before. That was the first thing I thought when two Houston lawyers, Keith Hennessee, OF Counsel at Givens & Johnston, and Joel...more

2016 Updates to Ediscovery for Defendants Cheat Sheet

by Reed Smith on

We’ve been remiss in updating our cheat sheet devoted to ediscovery for defendants. Because of the broad nature of the topic – these cases can and do arise in a wide variety of non-drug/device contexts – we have to research...more

Will "hot-tubbing" catch on in England and Wales?

by Dentons on

The usual procedure in trials in the courts of England and Wales is that when hearing expert evidence, each expert witness is sworn into the witness box individually and, then each one is cross-examined in turn by the...more

Follow the Paper “Trial” – Proposed Commercial Division Rule Seeks to Replace Direct Testimony with Affidavits

The New York Supreme Court’s Commercial Division Advisory Council has recommended a rule that it believes would substantially expedite non-jury trials and facilitate cross examination with no adverse effects. According to the...more

Petitioners that Rely on Deposition Testimony to Establish that a Publication Qualifies as Prior Art should be Prepared to Produce...

by Reed Smith on

Routine discovery in review proceedings authorizes cross examination of affidavit testimony. 37 C.F.R. § 42.51(b)(1). If a petitioner submits affidavit testimony to prove that a publication qualifies as prior art, the...more

A Roadmap for Summary Judgment in Alberta

In Hryniak v. Mauldin (Hryniak), the Supreme Court of Canada (SCC) opened the door for courts to grant summary judgment whenever the record provides “the evidence required to fairly and justly adjudicate the dispute[.]” In...more

No Observations Permitted on Your Own Witness - Seagate Tech. (US) Holdings, Inc. et al. v. Enova Tech. Corp.

by McDermott Will & Emery on

Citing both substantive and procedural reasons, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) ruled that a party was not entitled to present observations concerning the cross-examination...more

Product Liability Update - October 2015

by Foley Hoag LLP on

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Rolling the Dice on Foreign Depositions in IPR Proceedings

by Foley & Lardner LLP on

In litigation, it is not uncommon for depositions to be taken outside the United States, particularly when a given witness resides outside the United States and cannot or does not wish to travel to the United States. In IPR...more

T.J. Simers Discrimination Trial: Has He Folded Under Questioning?

T.J. Simers was in the hot seat for most of this week, being cross-examined by the attorneys for his former employer, the Los Angeles Times. News coverage of the trial has been a little sparse, but here’s what I’ve got...more

Massachusetts Supreme Judicial Court Reinforces the Standard for Detailed and Complete Expert Disclosures and Clarifies the...

by Wilson Elser on

Massachusetts has made much ado about expert disclosures in recent years, even going so far as to implement the still “newish” Superior Court Rule 30B, which requires experts to sign party disclosures of the facts, opinions...more

PTAB Eases Restrictions on Submitting Observations on Cross Examination for Your Own Witness

When a party submits declaration testimony and the opposing party is not entitled to another brief, “observations on cross-examination” are the opposing party’s mechanism for introducing declaration testimony from that...more

August 2015: Trial Practice Update

Use of Video Testimony at Trial. There’s an old saying that a picture is worth a thousand words, and a newer saying that a video is worth a thousand pictures. In our experience, this is especially true in jury trials, where...more

US Supreme Court Holds that Student’s Statement to Teacher can be Admitted at Trial

by Shipman & Goodwin LLP on

The U.S. Supreme Court (the “Court”) recently issued a unanimous decision as to whether or not prosecutors could introduce statements at trial when a child is not available for cross examination. The Court’s decision has...more

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

by Field Law on

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford...more

The Art of the Blind Cross-Examination: 8 Tips for When You Don’t Know the Answers

by WilmerHale on

While watching her father cross-examine a witness in To Kill a Mockingbird, Scout Finch invokes the first rule of cross-examination that most lawyers—Atticus Finch included—learn: “Never, never, never, on cross-examination...more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

by McDermott Will & Emery on

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...more

Due Process Requires the Right to Cross-Examine a Workers' Compensation Applicant

On January 29, 2015, the Court of Appeal, Second Appellate District, ordered the publication of Ogden Entertainment Services v. WCAB (Ritzhoff), (B254082), previously a non-certified opinion that issued on December 31, 2014....more

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