Podcast - The Basic Rules for Closing Argument
Closing Argument: Opportunity and Challenge
Podcast - Impeaching with a Deposition
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Opening Statements: The Prohibition Against Argument
Proof in Trial: University of Louisville
Work This Way: A Labor & Employment Law Podcast - Episode 6: Digital Forensics & Protecting Trade Secrets with Clark Walton
Dealing with Evidence of Time, Distance and Speed
Law School Toolbox Podcast Episode 417: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 410: Listen and Learn -- Relevance Issues (Evidence)
Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Bar Exam Toolbox Podcast Episode 214: Listen and Learn -- Relevance Issues (Evidence)
California Employment News: Synthesizing Evidence in a Workplace Investigation (Part 3)
Evidence Preservation: Handling the Issues in New York and New Jersey
Law School Toolbox Podcast Episode 352: Listen and Learn -- Best Evidence Rule
Bar Exam Toolbox Podcast Episode 182: Listen and Learn -- Policy Exclusions (Evidence)
Bar Exam Toolbox Podcast Episode 177: Listen and Learn -- Best Evidence Rule
Facing a Deposition: Tips and Strategies
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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