Reasonable expenses for an expert witness deposition surely include the expert’s travel time, airfare and hotel accommodations. Right? It’s true that litigators are free to make their own financial arrangements regarding the...more
Deciding whether mobile devices should be imaged can be difficult when it comes to eDiscovery. They contain a large variety of file-types and data intermingled with a lot of private information, which may be privileged....more
In 2010, Fed. R. Civ. P. 26 was amended to require full expert reports and other disclosures for retained expert witnesses, but only summaries of anticipated opinion testimony of non-retained experts. During the ensuing nine...more
Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues...more
While the attorney-client privilege only protects confidential communications between an attorney and client that are for the purpose of giving or receiving legal advice, the work product doctrine, as codified in Fed. R. Civ....more
You are defending your client, a company engaged in complex scientific or technical work. As you head to trial, you have a tough decision to make. The client has employees and consultants with the knowledge and expertise to...more
The Seventh Circuit’s recent decision in Indianapolis Airport Authority v. Travelers Property Casualty Co. of America, No. 16-2675 (7th Cir. Feb. 17, 2017), written by Judge David Hamilton, is one for civil litigators to take...more
A district court in Michigan has strictly enforced the requirement of Rule 26 of the Federal Rules of Civil Procedure that expert witness reports be prepared by the expert witness, and not by counsel. Numatics, Inc. v....more
The Amendments to Rule 26 - In 2010, Federal Rule of Civil Procedure 26 was amended to provide new limitations on the discovery allowed for testifying experts in federal court cases. The most significant changes with...more