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Evidence › Burden of Proof › Expert Testimony

Kilpatrick

Rule 702 has been amended to clarify the burden of proof and the trial court’s gatekeeping role

Kilpatrick on

Effective December 1, 2023, Federal Rule of Evidence 702 has been amended to address the standard for admission of expert opinion testimony. The amendments confirm that the trial judge, in its gatekeeping role, must determine...more

Bricker Graydon LLP

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

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To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

White and Williams LLP

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s...

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In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Staples-Office Depot Mergers, 1997 v. 2016: Changed Industry, Same Result"

Skadden, Arps, Slate, Meagher & Flom LLP on

On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its...more

Nexsen Pruet, PLLC

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

Nexsen Pruet, PLLC on

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

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