What is at will employment law?
Patent Office Litigation Update: IPR Discovery and Evidentiary PTAB Decisions
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Federal Criminal Defense Attorney - Overturning A Guilty Verdict in a Federal Criminal Appeal
What issues do people raise in a federal criminal appeal?
How Does Cooperating In A Federal Criminal Case Work?
How do federal conspiracy charges work?
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical"
The Maryland Court of Appeals issued an opinion on September 24, 2013, in Josephine Chesson, et al. v. Montgomery Mutual Insurance Co., No. 97, 2013 WL 5311126, -- A.3d --- (Md. Sept. 24, 2013) (Chesson III), finding that,...more
In this Presentation:
- Summary of Key Changes in Rule 26
- FRCP 26(a)(2)- Disclosure
- Rule 26(b)(4) Trial Preparation: Experts
- Checklist of Suggested Practices
- Excerpt from Summary of...more
In MeadWestVaco Corp. v. Rexam Beauty and Closures, Inc., the Federal Circuit upheld the admissibility of expert testimony that was not fully aligned with the district court’s claim construction. In so doing, the court...more
Robocast filed patent infringement actions against Apple and Microsoft. As expert reports were underway, Apple and Microsoft moved to compel undisclosed surveys that were commissioned by one of Robocast's experts. As the...more
The US Court of Appeals for the Third Circuit recently reversed a district court’s decision to exclude expert testimony in a case involving allegations of securities fraud. The court distinguished the loss causation and...more
In this alert, we report on a recent decision of the New South Wales Supreme Court which illustrates the importance of experts proactively ensuring that they have the requisite 'specialised knowledge' to give opinion...more
A California Court of Appeal panel recently broadened a plaintiff’s ability to prove specific causation by holding that a plaintiff need not retain a medical professional to opine that the defendant’s product was a...more
Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony....more
The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the...more
NAPIA Offers Tips for the Proper Handling and Presenting of Property Insurance Claims After Oklahoma Tornadoes -
Potomac Falls, Virginia (May 22, 2013) – The devastating tornadoes that ripped through the suburbs of...more
Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more
The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more
On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more
It is common for experts to testify in civil cases in California. In construction and engineering cases, in particular, testimony by experts is often the critical factor in success or failure. Despite the importance of expert...more
In This Issue:
- Letter From the Editor
- Tips for Presenting, Analyzing and Resolving Delay and Impact Claims
- The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs
- Colorado Court of...more
The Texas Supreme Court has recently held that while the property owner rule establishes that an owner is qualified to testify as to market value, the testimony must meet the same requirements as any other opinion evidence....more
California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more
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
In Simkovitz v. Jetran International, Ltd., 12-10228, 2012 WL 5458166 (11th Cir. 2012), an employee of an aircraft buyer and seller sued the employer for breach of agreement to pay sales commission. Defendant, Jetran...more
Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more
Until recently, California trial courts were not required to perform the rigorous expert testimony gatekeeping responsibility adopted by federal courts and a majority of state courts. As a practical matter, California’s...more
In a decision released on August 16, 2012, the 10th Circuit Court of Appeals overturned the trial court’s Daubert ruling on an expert who was allowed to testify about an alleged seat belt defect in a rollover crash. The 10th...more
General Objectives of the Proposed Amendments
The general objectives of the proposed amendments are:
(1) to streamline the process of hearings and to codify the practice relating to litigation process...more