Testimony

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Order out of chaos

The strategy and skills behind witness order and scheduling at trial - The defense was putting on its case. The lawyer, a trial veteran, was good. But not great with time estimates. Adding to the pressure: a trial...more

Preparing for NTSB Investigative Interviews

Those who face investigative interviews before the National Transportation Safety Board (NTSB) should be fully aware of the applicable rules and regulations. Key topics relating to NTSB investigative interviews include...more

Can You Avoid a Series of “Mini-Trials” At Trial? The Fifth Circuit Says Yes by Limiting Testimony About Bias Against Co-Workers

Recently the Fifth Circuit Court of Appeals approved the limitations that a trial court placed on an employee’s testimony about how his co-workers were victimized by a “pattern or practice” of age discrimination. The worker...more

Deposition Parameters Start to Take Shape in Inter Partes Review Proceedings

As more IPR proceedings wind their way through the discovery phase, issues relating to depositions are starting to pop up in PTAB decisions. Here, we take a look at some recent Board decisions that help clarify those issues...more

I Just Want to Testify

I had the opportunity last week to testify before the U.S. House of Representatives Committee on Education and the Workforce, Subcomittee on Health, Education, Labor and Pensions. The subject of my testimony was “What to Look...more

Kimberly-Clark v. First Quality: Request to Require Defendant to Present Deposition Testimony in Plaintiff's Case Denied Because...

As this patent infringement action proceed toward trial, plaintiff Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark") filed a request with the district court on an "extremely time-sensitive case management issue concerning the...more

Who is on the Witness Stand?

The testimony of witnesses is essential to any court case. Whether a bench or jury trial, witness testimony provides details and describes the environment of alleged wrongdoing in either a civil or criminal matter. Because...more

Director Cordray gives wide-ranging testimony to House Financial Services Committee

Although the House Financial Service Committee’s hearing last Thursday was entitled “The Semi-Annual Report of the Consumer Financial Protection Bureau,” the contents of the report received little mention from committee...more

Real Property, Financial Services & Title Insurance Case Law Update: Weeks Ending August 30 & September 6, 2013

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI - Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more

Federal court upholds jury finding that franchisor’s principal was employer of franchisee’s employee: 3 takeaways

A recent case out of the United States District Court for the Western District of Texas upheld a jury finding that a franchisor’s principal was the employer of a former franchisee’s employee, despite the fact that the...more

Florida Supreme Court to Review Scope of Legislative Privilege in Redistricting Case

One of the cases the Supreme Court of Florida will be considering this Fall concerns “legislative privilege” – specifically, whether Florida legislators or legislative staff members can be forced to give deposition testimony...more

Question Of Fact Exists Whether Officer Had Probable Cause To Arrest A Man Sleeping In A Car For DUI; Judges Grapple Over Standard...

In Romo v. Largen, on interlocutory appeal, the Sixth Circuit affirmed the Western District of Michigan's decision that reasonable minds could differ as to whether Officer Jeff Largen had probable cause to arrest Candido...more

Do I Have to Appear in Court or Testify in My Divorce Case?

It is not essential that you ever appear in Court (or before a Judge) in your divorce case. In the vast majority of cases, the parties never appear in court for any hearings or a trial on the merits....more

Short Wins - Fourth Of July Week Edition

Today's featured case is United States v. Hampton for a few reasons....more

The 30(B)(6) Deposition

This portion of the materials will focus on the use and effect of 30(b)(6) deposition testimony. ...more

Florida Expert Evidence 2.0 - The Frye to Daubert Upgrade

On June 4, 2013, Florida Governor Rick Scott signed HB 70151 (renumbered as Chapter 2013-107) into law amending Florida Statutes §§ 90.702 and 90.704 to conform with the federal evidentiary standard articulated in Daubert v....more

Attorney’s Fees In Probate

Litigating disputes in probate matters is just as expensive and time-consuming as litigation in other types of cases. However, because most probate lawyers do not handle contested matters in probate courts on a regular basis,...more

The Admissibility of Opinions Contained in Public Records

The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more

Justice! – The Case For Expedited Trials

Royal Pane, owner of A Pane in the Glass, fabricates high performance windows for commercial buildings. The good news? Business is going through the roof....more

Southern District of New York Orders Chevron CEO and General Counsel to Testify in RICO Suit Related to $18 Billion Ecuadorian...

On May 14, 2013, Judge Lewis A. Kaplan of the Southern District of New York affirmed a magistrate judge's decision denying plaintiff Chevron Corporation's ("Chevron's") motion to quash deposition notices for Chevron CEO John...more

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation. After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more

Federal Reserve Division Director Michael S. Gibson Testifies on Cross-Border Resolution Plans

On May 15, Michael S. Gibson, Director, Division of Banking Supervision and Regulation of the Federal Reserve, testified before the Subcommittee on National Security and International Trade and Finance of the U.S. Senate...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

First Department Upholds Commercial Division Decision Striking Parties' Answer And Entering Default Judgment As A Sanction For...

In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more

Effective Use of Experts

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

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