Using Expert Witnesses in FCRA Cases - FCRA Focus
Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
Podcast: Science in the Courtroom
Law School Toolbox Podcast Episode 328: Listen and Learn -- Expert vs. Lay Witness Testimony (Evidence)
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
Podcast: What Witness Preparation Means
Podcast: Seven Witness Preparation Mistakes Lawyers Make
Podcast: Raise Your Right Hand, Miss Lillian
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
On April 19, 2024, the Advisory Committee on Evidence Rules for federal courts faced a critical question: Does AI-generated evidence, including deepfakes, demand new rules? The Committee’s surprising answer—’not yet.’ Was...more
Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more
No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located...more
[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
Product liability cases are some of the complex matters which arise in the realm of personal injury law. Such cases often involve multiple defendants and can raise multiple theories of liability. One of the most hotly...more
Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more
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
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
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
The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more
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
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
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
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
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
Takeaway: The substantive amendments to Rule 16 address many of the criticisms of the prior rule, making it a more effective discovery device. This December, a significant Amendment to Rule 16 of the Federal Rules of...more
Document production is becoming more common in arbitration today. Reliance on experts and other evidence to build and support a case has been and continues to be inevitable. Time and time again we see spiralling costs because...more
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
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
Thanks to the trial between Amber Heard and Johnny Depp, we have a timely reason to talk about e-discovery metadata. What happens on the rare occasion when forensic data collections and trials of cultural relevance overlap?...more
A recent order from the Northern District of California in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., No. 19-cv-06593 (Jan. 27, 2022) (“Edwards”), provides guidance regarding the ability (or inability) to...more
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
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
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
The regulations governing discovery in an inter partes review ("IPR") proceeding do not provide for the same methods of discovery available in a patent infringement lawsuit. As such, when opportunities for discovery...more