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Evidence Admissibility Litigation Strategies

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Types of Exhibits in Court: An Overview

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In addition to believable witnesses and compelling arguments, evidence is what can help win cases at trial. An item of evidence introduced in a courtroom proceeding is known as an exhibit, and there are several types of...more

Strafford

[Webinar] Litigating Parental Alienation Claims: Strategies, Investigation, Obtaining Evidence, Role of Experts, Intervention -...

Strafford on

This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why...more

Benesch

The Amended FRE 702: No Charlatans on the Stand

Benesch on

The amended language of Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, takes effect on December 1, 2023. Even though the Advisory Committee comment stresses that it...more

Adler Pollock & Sheehan P.C.

Return of the Gatekeepers: Amendments to Rule 702 Clarify the Standard of Admissibility for Expert Witness Testimony

Rule 702 of the Federal Rules of Evidence governs expert witness testimony in federal courts. On April 24, 2023, the United States Supreme Court approved an amendment to Rule 702 (the “Amendment”), which will go into effect...more

Faegre Drinker Biddle & Reath LLP

Experts Who Cannot Articulate a Standard Cannot Opine that a Defendant Failed to Meet the Standard

If you don’t know where a line is, you can’t say whether someone has crossed it. That principle applies in spades to expert witnesses, particularly when their role in the case calls on them to help the jury understand where...more

Faegre Drinker Biddle & Reath LLP

Experts’ Disagreement with Medical Literature Leads to Exclusion

Peer-reviewed literature can be a powerful tool in attacking an opposing expert’s opinions. A solid, on-point article can do more than merely satisfy several of the so-called Daubert factors for assessing reliability – by...more

Butler Weihmuller Katz Craig LLP

Doctors, Scientists, & Engineers - Oh My! Changes to Federal Rule 702 are Likely Coming

Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other...more

Proskauer - Minding Your Business

Using Demonstrative Exhibits as Admissible Evidence Under California Law

During trial, lawyers make many strategic decisions to try to appeal to a jury. For example, they consider not only the substance of the evidence they present, but also the emotional impact of that evidence. But the impact...more

Cranfill Sumner LLP

Can their expert say that?

Cranfill Sumner LLP on

What information aviation experts should be allowed to rely upon in formulating opinions for trial - In a previous article, we discussed the hearsay issues contained in NTSB reports, which can be challenged as inadmissible...more

Rumberger | Kirk

Daubert Applies Retroactively, Explains Fourth DCA

Rumberger | Kirk on

The Fourth District Court of Appeal recently issued a reminder that Daubert is the standard for all disputes regarding admissibility of expert testimony in Florida, and applies retroactively even where Frye was the standard...more

Faegre Drinker Biddle & Reath LLP

Hierarchy of Scientific Evidence Reigns Supreme: NJ Appellate Division Affirms Exclusion of Experts in Accutane Litigation

In In re: Accutane Litigation (A-4952-16T1) — an appeal decided just 10 days after oral argument — the New Jersey Appellate Division applied the New Jersey Supreme Court’s landmark decision In re Accutane Litigation, 234 N.J....more

Butler Weihmuller Katz Craig LLP

The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence

Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial. ...more

Rumberger | Kirk

Florida Supreme Court Rejects Daubert, Returns Florida to Frye Standard

Rumberger | Kirk on

On October 15, 2018, the Supreme Court of Florida invalidated the 2013 legislative changes to the Florida Evidence Code that adopted the modern Daubert standard for admissibility of expert testimony, returning Florida to the...more

Cozen O'Connor

Just In: New Jersey Supreme Court Adopts Daubert Factors For Assessing The Reliability Of Expert Testimony

Cozen O'Connor on

On August 1, the Supreme Court of New Jersey issued a seminal ruling elucidating the state’s standard for admission of expert testimony in civil litigation. In a unanimous decision, the Court adopted the Daubert factors for...more

Faegre Drinker Biddle & Reath LLP

Staking Original Claim, New Jersey Incorporates Daubert Factors

On August 1, 2018, the Supreme Court of New Jersey effectively ended more than 2,000 Accutane lawsuits when it reversed an Appellate Division panel decision that had reversed a trial court’s exclusion of plaintiffs’ expert...more

Rumberger | Kirk

Florida Supreme Court Hears Argument On Daubert Standard

Rumberger | Kirk on

On March 6, 2018, the Supreme Court of Florida heard argument in a case that presents the Court with an opportunity to resolve whether Frye or Daubert will be the governing standard for admission of expert testimony going...more

Rumberger | Kirk

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

Rumberger | Kirk on

January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

Rumberger | Kirk

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

Rumberger | Kirk on

The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

Polsinelli

Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

Polsinelli on

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the...more

Butler Weihmuller Katz Craig LLP

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Holland & Knight LLP

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

Holland & Knight LLP on

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Butler Weihmuller Katz Craig LLP

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

Rumberger | Kirk

Daubert Under the Microscope Again by Florida Courts

Rumberger | Kirk on

In a ruling that raises new issues about the adoption of the Daubert standard for the admissibility of expert opinions in Florida state court, the Florida Supreme Court has declined to adopt, to the extent they are...more

Stinson LLP

Missouri: Taking a Step Toward Digging Out of the "Judicial Hellhole"?

Stinson LLP on

Missouri’s Legislature is deciding whether to change its current standard governing the admissibility of expert witness testimony to the Daubert standard. The bill to make this change has passed the Senate and is now being...more

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