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Expert Testimony Discovery

Benesch

With the Federal Rule of Evidence 702 Amendment in Place, Federal Courts Issue Rulings in Conformity with the Changes, and...

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It has now been over six months since the amendment to Federal Rule of Evidence 702 regarding the admissibility of expert testimony went into effect on Dec. 1, 2023....more

Womble Bond Dickinson

The Perils of Junk Science

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We live in an era in which we can instantly obtain copious amounts of information quickly through the internet, and while this has many advantages, it also opens the door for potential problems. Just search for the term “fake...more

TransPerfect Legal

Five Practice Pointers When eDiscovery Includes Slack and Other Collaborative Messaging Tools

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Collaboration tools like Microsoft Teams and Slack are sources of information that often contain highly relevant communications important to any investigation or litigation. Many companies today are adopting these tools as...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

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From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...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

Faegre Drinker Biddle & Reath LLP

Court Finds Ship Has Sailed for Seaman to Disclose Expert’s Opinions, Resulting in Summary Judgment

Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more

Womble Bond Dickinson

Rule 702 Amendments Move Closer to Final Approval, But You (and the Courts) Should Rely on Them Now

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Over the past several years, we’ve been tracking discussions and proposed amendments to Federal Rule of Evidence 702. On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure unanimously approved...more

IMS Legal Strategies

Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48

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Chemical engineering expert and IMS Elite Expert Terry Livingston joins host Adam Bloomberg to discuss the role of an expert witness and the advantages of working with experts early in discovery. View the transcript here:...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

Harris Beach PLLC

National Mass Torts: 2022 Year in Review

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Harris Beach attorneys Abbie Eliasberg Fuchs, Bradley M. Wanner and Daniel R. Strecker review and analyze key judicial holdings and legal developments in New York, the federal arena and across the country that have affected...more

Zuckerman Spaeder LLP

Working with Experts: Three Tips for Associates

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Experts are a key part of any complex litigation. Being part of an expert team as an associate can mean taking charge of all the little (but still important) things: shuttling relevant documents to the expert, keeping track...more

Allen Matkins

Who Qualifies As An Expert Witness?

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Not just anyone is qualified to testify as an expert witness.  Edward Teller quoted Niels Bohr as describing an expert as "a person who has found out by his own painful experience all the mistakes that one can make in a very...more

McGuireWoods LLP

Courts Address Work Product Protection for Non-Testifying Consulting Experts: Part II

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Last week's Privilege Point summarized a case confirming non-testifying experts' general immunity from discovery — absent "exceptional circumstances" such as destructive testing. Ten days later, another court addressed...more

McGuireWoods LLP

Courts Address Work Product Protection for Non-Testifying Consulting Experts: Part I

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Many courts address the discovery available from a litigant's testifying experts. Fewer courts assess discovery of a litigant's consultant retained to provide background expertise rather than testifying. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Beware the General Verdict Rule If You Want a New Trial on Damages

Suppose your pre-trial motion to exclude certain evidence was denied, and you believe that evidence improperly influenced the jury’s verdict. That is what happened to defendants in Cowher v. Kodali. Unfortunately, when they...more

Esquire Deposition Solutions, LLC

Effective Cross-Examination of Experts During Deposition

Although it’s undoubtedly true that patent litigators have deep expertise in their corner of the scientific world and Texas oil attorneys could teach a college geology class, the fact remains that most litigators do not share...more

Maron Marvel

When Sooner is Better Than Later – Expert Retention in Environmental Litigation

Maron Marvel on

Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the...more

Faegre Drinker Biddle & Reath LLP

It’s not what happened, but why: First Circuit rejects conclusory, unsupported expert opinions

It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more

Faegre Drinker Biddle & Reath LLP

Let Me Google That for You: A Recent Central District of Illinois Opinion Highlights the Limits of Googling by Expert Witnesses...

While we all rely on Google or other internet search engines to find and absorb information quickly these days, a recent decision in the Central District of Illinois highlights the problems for expert witnesses relying on...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 23-27): Supporting Damages Expert’s Testimony

With Labor Day around the corner and summer coming to a close, the Federal Circuit had a busy week with a lot of precedential opinions to pick from. Below we provide our usual weekly statistics and our case of the week—our...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2021 #5

MLC Intellectual Property, LLC v. Micron Technology, Inc., Appeal No. 2020-1413 (Fed. Cir. Aug. 26, 2021) - For those interested in an important Section 112 written description case, we recommend reading the Juno...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #9 for Surviving an Instituted IPR: Issues Warranting Limited Additional Discovery

In our previous post we started talking about discovery procedures in inter partes review (“IPR”) proceedings under 37 CFR § 42.51 and, in particular, the scope and timing of seeking limited additional discovery under Rule...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

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