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
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
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
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
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
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
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
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
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
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
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
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
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
This blog series has already introduced you to the experts you’re likely to see in patent cases. Here, we build on that foundation with a discussion of who can be an expert witness and an exemplary checklist of considerations...more
HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more
Addressing the scope of Patent Trial and Appeal Board (PTAB) guidelines that prohibit lawyers from conferring with their witness during cross-examination, the PTAB designated as precedential a 2014 decision permitting lawyers...more
The PTAB panel in Focal Therapeutics, Inc. v. SenoRx, Inc., Case IPR2014-00116 (PTAB July 21, 2014) (Paper 19), provided certain clarifications with regard to the ability to confer with witnesses during examination. This...more
In an ongoing inter partes review (IPR) proceeding, the Patent Trial and Appeal Board (the “Board”) denied Petitioner Nestlé Healthcare Nutrition, Inc.’s request to cross examine two expert witnesses after Patent Owner...more
The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more
On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more
This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more
The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more
Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more
Deposition testimony plays a powerful role in case resolution. Themes are developed, admissions are gathered, and claims and defenses are vetted. Depositions are also a great opportunity to size up how a witness will “play”...more