Law School Toolbox Podcast Episode 281: Listen and Learn -- Character Evidence
Bar Exam Toolbox Podcast Episode 121: Listen and Learn -- Character Evidence
Law School Toolbox Podcast Episode 259: Listen and Learn -- Relevance in Evidence
Bar Exam Toolbox Podcast Episode 91: Listen and Learn -- Logical and Legal Relevance
The Federal Circuit’s en banc decision in EcoFactor, Inc. v. Google LLC, 137 F.4th 1333 (Fed. Cir. 2025), clarified the admissibility standard for patent damages expert testimony under Federal Rule of Evidence 702....more
Damages have become one of the most closely watched—and fiercely litigated—issues in modern patent litigation. In recent decisions, the Federal Circuit has sharpened its focus on district courts’ gatekeeping obligations for...more
Singapore Court rules that noncompliance with preconditions to arbitration goes to the admissibility of the claims and not the tribunal's jurisdiction. ...more
Love is in the air – for eDiscovery case law! In our February 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to underlying source data for produced spreadsheets, in camera...more
AI has made it easier than ever to fabricate convincing documents, images, audio, and video which is creating a new generation of evidence that can mislead courts, opposing counsel, and clients....more
Generative AI (AI) is creating exciting opportunities in the realm of complex litigation and expert witness preparation. The technology offers meaningful value that ultimately allows experts to focus their time on high-level...more
The judge overseeing the In re Roundup Products Liability Litigation MDL once remarked that “When you [consider] Ninth Circuit law, you come away with a pretty strong feeling that the Ninth Circuit is more tolerant of shaky...more
In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more
Federal Rule of Civil Procedure 26(a)(2) requires parties to disclose the opinions of experts who may present evidence at trial. If the disclosures are inadequate, Rule 37(c) requires exclusion of the opinions “unless the...more
Multidistrict litigation is meant to “promote the just and efficient conduct” of actions “involving one or more common questions of fact” by transferring those actions to a single district court “for coordinated or...more
In a list of Music Industry Terms Every Artist Should Know, “One Sheet” is defined as a “single-page document that highlights an artist’s new music and summarizes their bio, stats, and achievements. It’s given to media,...more
The US Supreme Court decided several criminal procedure cases during the 2023 – 2024 term – including Diaz v. United States, 144 S. Ct. 1727 (2024) and Smith v. Arizona, 144 S. Ct. 1785 (2024) – which have relevance and...more
As we reported in April, the United States Court of Appeals for the Ninth Circuit certified a question on California’s Learned Intermediary Doctrine in Himes v. Somatics, LLC, 2022 WL 989469 (9th Cir. Apr. 1, 2022). The...more
This CLE webinar will discuss the issue of allegations of supposed "parental alienation" and offer guidance for handling a case involving such allegations in court. The panel will discuss the term "parental alienation," why...more
In explaining the December 2023 amendments to Federal Rule of Evidence 702, the Advisory Committee called out several ways in which “many courts” had “incorrectly” applied Rule 702 and failed to adequately discharge their...more
Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more
Consumer perception evidence is necessary for plaintiffs to survive summary judgment in a false advertising class action, but vacillating and flawed connections between the evidence and the key question of what a reasonable...more
Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more
An expert witness is not supposed to pick a desired result and then reverse engineer inputs and methods that reach that result. As the Ninth Circuit observed 30 years ago, “[c]oming to a firm conclusion first and then doing...more
Federal Rule of Evidence 702 - The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of...more
In a recent judicial ruling that adds to the growing body of case law affirming the legal acceptance of advanced medical imaging techniques, the court once again endorsed the admissibility of Diffusion Tensor Imaging (DTI) as...more
The longer and more frequently a principle is repeated by the courts, the more difficult it can be for courts to acknowledge change. As illustrated by the First Circuit’s opinion in Rodriguez v. Hospital San Cristobal, Inc.,...more
Expert testimony is the tool that enables litigators to elucidate concepts that require scientific, technical or specialized knowledge. However, a proponent cannot introduce expert testimony without demonstrating under F.R.E....more
The Committee Notes to the newly implemented amendments to Federal Rule of Evidence 702 make clear that the “[j]udicial gatekeeping” of expert evidence is “essential.” Federal courts in New York have played an important role...more
On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more