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Evidence Trials

U.S. Legal Support

Best Practices for Preparing an Expert Witness for Deposition

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As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

Lippes Mathias LLP

Practice Insight: A Big Little Thing at the End of a White-Collar Criminal Trial

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The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the...more

Butler Snow LLP

Mastering the Art of Visual Advocacy: Ways to Elevate Your Trial Technology

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In the courtroom, trial technology has emerged as a powerful tool for lawyers seeking to inform, engage, and persuade jurors. As attention spans grow shorter and jurors’ expectations for high-quality graphics increase, visual...more

Carr Maloney P.C.

What Did The Plaintiff Know and When Did He Know It? The Availability of Post-Trial Discovery to Pursue Sanctions Under VA. Code...

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I. Introduction - Virginia law provides for monetary and nonmonetary sanctions against litigants and their counsel for signing a pleading that is not well grounded in fact and law or is otherwise brought for an improper...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

Faegre Drinker Biddle & Reath LLP

Old Habits Die Hard: First Circuit Cites Newly Amended Language of FRE 702 But Follows Abrogated Precedent Instead

The longer and more frequently a principle is repeated by the courts, the more difficult it can be for courts to acknowledge change. As illustrated by the First Circuit’s opinion in Rodriguez v. Hospital San Cristobal, Inc.,...more

Carlton Fields

Federal Rule Amendment Clarifies Requirements for Admitting Expert Testimony

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On December 1, 2023, Federal Rule of Evidence 702 was amended to “clarify and emphasize” that, before expert witness testimony can be admitted, the proponent must satisfy all the rule’s requirements by a preponderance of the...more

Troutman Pepper

Correcting the Pattern: Pattern Jury Instructions Can Be Challenged

Troutman Pepper on

As any seasoned trial attorney will tell you, one of the key events during a jury trial is the reading of the jury instructions to the jury. During the reading of the instructions, for a lengthy amount of time, the jury hears...more

IMS Legal Strategies

Social Media Dos & Don’ts for Expert Witnesses

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Being an expert witness is a demanding task, but an expert’s testimony is crucial and can either make or break a client’s case. Credibility is paramount for any expert witness; it is the foundation an expert stands on to...more

Marshall Dennehey

On the Horns of a Trial Dilemma: Addressing a Prior Conviction on Direct Examination or Waiving the Right to Contest the...

Marshall Dennehey on

Key Points: A recent Superior Court case found the filing of an unsuccessful motion in limine to preclude a prior conviction does not preserve the issue on appeal if the defendant strategically chooses to then introduce the...more

IMS Legal Strategies

10 Tips for Preparing Expert Witnesses

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As trial consultants, we have gained valuable information on how to prepare expert witnesses for trial based on the extensive jury research we have conducted. For instance, we know the best experts are able to convey that...more

Weber Gallagher Simpson Stapleton Fires &...

NJ Appellate Division Scrutinizes Trial Courts’ Practice of Forcing Heightened Standard On Timely Requests To Extend Discovery

Trial attorneys in New Jersey commonly file motions to extend discovery when additional time is needed to prosecute or defend their cases. Over the past few years, a recent trend has emerged where cases are being scheduled...more

Proskauer - Minding Your Business

How Different Judicial Notice Rules Can Change an Outcome

Judicial notice is one of the less glamorous parts of motion practice. A request for judicial notice is typically a lower-priority background document, drafted towards the end of the brief-writing process, along with a notice...more

Stange Law Firm, PC

The Importance of Exhibit Books at Trial

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Most divorce and family cases settle before trial. To get to a settlement, parties should almost always send a settlement offer. It also makes sense in most instances to settle once the settlement terms are within the margin...more

Smart & Biggar

New Federal Court Guidelines for Complex Proceedings consolidate and update previous guidelines

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Update: The Federal Court updated the Guidelines on May 18, 2021, which can be found here. The Federal Court has released a new consolidated practice direction, Case and Trial Management Guidelines for Complex...more

Stange Law Firm, PC

Body language can matter in the family court

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In any court date in the family court, there are a lot of moving parts. For example, if there is a trial or evidentiary hearing, parties are often worried about the case itself. The case itself might mean worrying about...more

Hogan Lovells

Disclosure of documents in civil proceedings in England and Wales (UPDATED)

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Disclosure - "Disclosure" is the term given to the stage of the litigation procedure when each party may be required to collect and review documents potentially relevant to the dispute and then state to the other parties...more

Rumberger | Kirk

Daubert Applies Retroactively, Explains Fourth DCA

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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

Akerman LLP - Health Law Rx

You Can't Always Get What You Want

The Florida Fifth District Court of Appeal harmonized the interpretation of state statutory and constitutional language in the first post Amendment 7 case dealing with access to adverse medical incident reports and their use...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

Holland & Hart - Your Trial Message

Experts: Complete the Credibility Checklist

So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is...more

Rumberger | Kirk

Florida Supreme Court Rejects Daubert, Returns Florida to Frye Standard

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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

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

Holland & Hart - Your Trial Message

Don’t Adapt to ‘Learning Style’

It is part of the received wisdom of popular psychology: People have different learning styles. You reach “auditory learners” by explaining it to them verbally, “visual learners” by showing them graphics, “reflective...more

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