News & Analysis as of

Evidence Cross Examination

Fox Rothschild LLP

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

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The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

Kohrman Jackson & Krantz LLP

How to Prepare for a Title IX Hearing: Tips and Strategies

You’re sitting in your dorm room (or office), putting the finishing touches on an assignment, when an email from your university’s Title IX office appears in your inbox. As you read it, your heart sinks: a student you briefly...more

Marshall Dennehey

Neurosurgeon’s Expert Opinions in Trial Against a Certified Registered Nurse Anesthetist Were Admissible as Plaintiff Opened the...

Marshall Dennehey on

Waechter v. Laser Spine Institute, LLC, 8th Dist. Cuyahoga No. 112022, 2023-Ohio-3715 - The plaintiff brought an action against a certified registered nurse  anesthetist (CRNA), alleging she was negligent in hyperextending...more

EDRM - Electronic Discovery Reference Model

Being the Better Expert Witness

[Editor’s Note: This article was first published on September 7, 2023. EDRM is grateful to Craig Ball for permission to republish. EDRM is proud to publish Craig Ball’s advocacy and analysis. The opinions and positions are...more

Bricker Graydon LLP

[Event] Clery & Title IX Drive-In Conference - August 1st, Granville, OH

Bricker Graydon LLP on

Please join the Ohio Five, in conjunction with Denison University and Bricker Graydon LLP for a Clery Act and Title IX training. Participants will have the opportunity to obtain their annual Clery Act training requirements...more

Butler Snow LLP

The Nuremberg Trials:  A Story for Trial Lawyers

Butler Snow LLP on

Analyzed by legal scholars, cited as precedent for modern international law and medical ethics, and depicted in movies, the tale of the Nuremberg Trials imparts wisdom, reveals uncomfortable truths about the human condition...more

IMS Legal Strategies

Chemical Engineering Expert Witness Experience & Discovery – Episode 48

IMS Legal Strategies on

Chemical engineering expert and IMS Elite Expert Terry Livingston discusses the role of an expert witness and the advantages of working with experts early in discovery. Listen, watch, and/or read the transcript below. (Part 1...more

Bricker Graydon LLP

[Event] Clery & Title IX Drive-In Conference (Higher Education) - August 3rd - 4th, Gambier, OH

Bricker Graydon LLP on

Please join the Ohio Five, in conjunction with Kenyon College and Bricker & Eckler, for a Clery and Title IX training. Participants will have the opportunity to obtain their annual Clery Act training requirements, and...more

Akin Gump Strauss Hauer & Feld LLP

Inventor Declaration Excluded by PTAB Because Examination in Foreign Proceeding No Substitute for Cross-Examination by IPR Counsel

In two related inter partes review proceedings, the Patent Trial and Appeal Board granted a petitioner’s motion to exclude the declaration of an inventor because the patent owner failed to make him available for...more

Akin Gump Strauss Hauer & Feld LLP

Unavailability of Witness for Cross-Examination Dooms Reliance on Affidavit Testimony in PTAB Proceeding

In a series of related inter partes review proceedings, the Patent Trial and Appeal Board recently granted a petitioner’s motion to strike the sworn affidavit of a witness who was unwilling to submit to cross-examination. In...more

Bricker Graydon LLP

Victim Rights Law Center Title IX case appealed; Dear Colleague Letter stands for now

Bricker Graydon LLP on

Earlier this summer, the U.S. District Court for the District of Massachusetts entered a decision vacating the provision in the new Title IX regulations that prohibited decision-makers from considering statements not subject...more

Holland & Knight LLP

Education Department Ceases Enforcement of "Arbitrary and Capricious" Exclusionary Rule

Holland & Knight LLP on

By a bulletin and letter issued on Aug. 24, 2021, the Biden Administration's U.S. Department of Education announced that it was ceasing enforcement of a highly controversial exclusion of evidence rule that was included in the...more

Bricker Graydon LLP

OCR provides further guidance on Massachusetts court decision (VRLC)

Bricker Graydon LLP on

In a publication posted last week, we told you about a recent decision from the United States District of Massachusetts, Victim Rights Law Center, et al. v. Cardona, and the potential impact this decision might have on your...more

TNG Consulting

Implementing the Cardona Decision for Fall 2021 – What Should Colleges Do Now That the Title IX Suppression Rule is Dead?

TNG Consulting on

Many in the Title IX field watched last week as two different federal courts denied challenges to the validity of the 2020 Title IX regulations under the Administrative Procedure Act (APA). The regulations survived these...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Opposes Broad's Motion to Exclude Evidence and Broad Files Reply

Late last month, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") and Senior Party The Broad Institute, Massachusetts Institute of Technology, and...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #2 for Surviving An Instituted IPR: Don’t Swing for the Fences in IPR Depositions

As discussed in our previous post, one of the most critical tasks for Patent Owners during the Inter Partes Reviews (“IPR”) discovery period is deposing the Petitioner’s expert. Since IPR depositions are treated differently...more

Law School Toolbox

Law School Toolbox Podcast Episode 281: Listen and Learn -- Character Evidence

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! Today, we're talking about the Federal Rules of Evidence, and how to apply the rules of character evidence to both civil and criminal case hypos. In this episode we discuss: ...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 121: Listen and Learn -- Character Evidence

Law School Toolbox on

Welcome back to the Bar Exam Toolbox podcast! Today, we're talking about the Federal Rules of Evidence, and how to apply the rules of character evidence to both civil and criminal case hypos. In this episode, we discuss: ...more

TNG Consulting

Cross-Examination as a Procedural Due Process Right for Respondents

TNG Consulting on

Messeri v. University of Colorado at Boulder, No. 1:18-cv-02658-WJM-SKC In 2016, Jane Doe and Messeri met on the campus of the University of Colorado at Boulder where Messeri was enrolled. One night, while in Messeri’s room,...more

Hinshaw & Culbertson - Health Care

Cross-Examination About Medical Condition Without Formal Diagnosis Deemed Error: Hinshaw's Annual Guide to Key Illinois Medical...

Is evidence of syphilis sufficient to allow cross-examination of a treating physician relating to pain associated with that condition? Lugarda Castillo and Richard Castillo v. The Center for Athletic Medicine, et al., 2019...more

Hinshaw & Culbertson - Health Care

Defendant Physician can be Cross-Examined With His Disclosure and ACR Guidelines: Hinshaw's Annual Guide to Key Illinois Medical...

Can the trial court properly bar plaintiff from introducing defendant radiologist's Rule 213(f)(iii) disclosure as an admission against interest, or questioning him about the American College of Radiology (ACR) practice...more

Smart & Biggar

Effectively using experts in IP Litigation – Part 2: Practise

Smart & Biggar on

In intellectual property litigation, the outcome of many high stakes cases has turned on expert testimony. It is therefore important for a litigator to spend time and effort to properly identify, select, and prepare the...more

Fox Rothschild LLP

Even At A Default Hearing, An Expert Report Is Inadmissable Hearsay If The Expert Doesn’t Testify

Fox Rothschild LLP on

Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc. Sometimes, that even happens at a default or other...more

Womble Bond Dickinson

Science Should Lead the Law: Amending FRE 702 to Let Science Guide Legal Outcomes

Womble Bond Dickinson on

The Advisory Committee on Evidence Rules will continue this fall its ongoing discussions on amendments to Federal Rule of Evidence (FRE) 702. The two possible amendments being considered for FRE 702 include...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

Goodwin on

Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

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