News & Analysis as of

Cross Examination

August 2015: Trial Practice Update

Use of Video Testimony at Trial. There’s an old saying that a picture is worth a thousand words, and a newer saying that a video is worth a thousand pictures. In our experience, this is especially true in jury trials, where...more

US Supreme Court Holds that Student’s Statement to Teacher can be Admitted at Trial

by Shipman & Goodwin LLP on

The U.S. Supreme Court (the “Court”) recently issued a unanimous decision as to whether or not prosecutors could introduce statements at trial when a child is not available for cross examination. The Court’s decision has...more

Question Everything…Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175

by Field Law on

On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford...more

The Art of the Blind Cross-Examination: 8 Tips for When You Don’t Know the Answers

by WilmerHale on

While watching her father cross-examine a witness in To Kill a Mockingbird, Scout Finch invokes the first rule of cross-examination that most lawyers—Atticus Finch included—learn: “Never, never, never, on cross-examination...more

No Early Peek of Cross-Examination Documents - TD Ameritrade Holding Corp. v. Trading Techs. Int’l, Inc.

by McDermott Will & Emery on

Addressing patent owner’s challenge to the accuracy of the translation of a foreign language reference that was relied upon in a petition for covered business method (CBM) review, the U.S. Patent and Trademark Office’s...more

Due Process Requires the Right to Cross-Examine a Workers' Compensation Applicant

On January 29, 2015, the Court of Appeal, Second Appellate District, ordered the publication of Ogden Entertainment Services v. WCAB (Ritzhoff), (B254082), previously a non-certified opinion that issued on December 31, 2014....more

Don’t Ask my Client to Explain my Legal Contentions!

Barry P. Goldberg regularly sees young or inexperienced lawyers attempt to cross examine plaintiffs essentially about the attorney’s legal contentions in the lawsuit. It gets confusing when the cross examiner asks for...more

American Arbitration Association – Consumer Arbitration Rules – Who Pays for the Court Reporter?

by Kramm Court Reporting on

Even for binding arbitrations, a record of the proceedings may be important for the attorneys and the arbitrator, especially when there are many witnesses and the subject matter is complex. Having computers or tablets with...more

Motion for Observation Must Follow Guidelines

by McDermott Will & Emery on

Medtronic, Inc. v. NuVasive, Inc. - The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) dismissed a patent owner’s improper motions for observation, agreeing with the petitioner that the...more

No Cross-Examination of Expert at the Close of Evidence

by McDermott Will & Emery on

A.C. Dispensing Equipment Inc. v. Prince Castle LLC - Addressing the appropriate timing of cross-examination of expert witnesses in an inter partes review (IPR), the U.S. Patent and Trademark Office Patent Trial and...more

Board Declines to Limit Cross Examination

In International Business Machines Corporation v. Intellectual Ventures II LLC, IPR2014-00587, Paper 27 (November 28, 2014), the Board declined to limit the scope of the patent owner’s cross-examination of petitioner’s...more

Counsel May Confer with a Witness Between Cross-Examination and Re-Cross, but the Witness Might Be Re-Crossed on the Substance of...

by McDermott Will & Emery on

Organik Kimya AS v. Rohm and Haas Co. - In an order regarding allowable communications between counsel and witness, the Patent Trial and Appeal Board (PTAB) held that counsel may confer with a witness between the end...more

No Right to Cross-Examine a Declarant Not Under the Proponent’s Control

In Mexichem Amanco Holding S.A. de C.V. v.Honeywell International, Inc., IPR2013-00576, Paper 36 (September 5, 2014), the Board denied patent owner’s request for additional discovery – the deposition of Dr. Takashi Shibanuma,...more

Cross-Examination is Not Limited to Documents Cited in Declaration

In Medtronic, Inc. v. Endotach LLC, IPR2014-00100, Paper 32 (August 28, 2014), the petioner filed a Supplemental Notice of Deposition of patent owner’s witness, indicating that its cross-examination of the witness “may rely...more

Some Observations on Observations

In Hayward Industries, Inc. v. Pentainer Water Pool and Spa, Inc., IPR2013-00285, Paper 31, IPR2013-00287, Paper 31 (July 3, 2014), the Board provided some guidance on observations on cross-examination, answering the question...more

Declaratory Testimony from File History is “Affidavit Testimony” Which Requires Deposition

Most declaration testimony in an inter partes review proceeding is newly developed as part of the IPR. On occasion, however, parties to an IPR have used previously generated declarations in support their positions. In...more

Marathon Cross Examination

In Facebook Inc. v. Software Rights Archive, LLC, IPR2013-00479, Paper 28 (April 9, 2014) the patent owner asked for leave to cross-examine petitioner’s expert witness for a total of 14 hours, in view of the fact that there...more

Board Explains Observations on Cross Examination

In an Order for the Conduct of the Proceedings in Atrium Medical Corp. v. Davol, Inc., [IPR2013-00189], Paper 48 (February 28, 2014), the Board advised the patent owner that each item included as an observation on...more

New Video Segments from MLMLegal.com – Cross-examination of Dr. William Keep by Travelmax Trial Counsel, Jeffrey Babener

by Babener & Associates on

New Video Featuring the Cross-examination of Dr. William Keep by Lead Travelmax Trial Counsel, Jeffrey Babener Although Dr. Keep was called by the State of Kentucky as an expert witness to support the State’s case on...more

BakerHostetler Patent Watch: Rembrandt Vision Techs., Inc. v. Johnson & Johnson Vision Care, Inc.

by BakerHostetler on

An expert witness may not testify to subject matter beyond the scope of the witness's expert report unless the failure to include that information in the report was "substantially justified or harmless."...more

Financial Expert Witnesses in Business Litigation

by Ellyn Law LLP on

Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator,...more

Tax Court Of Canada Issues A Comprehensive Ruling On Privilege Issues And The Appropriate Exercise Of Remedies To Address...

by Dentons on

In a recent Tax Court of Canada ruling on a motion heard in Imperial Tobacco Canada Limited v. The Queen, 2013 TCC 144 the Court considered a motion for an Order directing the Appellant to attend and be cross-examined on its...more

Cross-Examinations In The Jodi Arias Trial

by Michael Volkov on

With all the attention on the Jodi Arias trial, I think it is worthwhile to identify good and bad trial practices. I will try to refrain from lengthy criticisms but there are some points to be made....more

Court Reporter Working an Arbitration – Direct Examination or Cross-Examination?

by Kramm Court Reporting on

I have been writing 250+ pages a day for the past week in a binding arbitration with three arbitrators. As a deposition reporter, I don’t do court work, and I don’t do a lot of arbitrations. The attorneys are calling...more

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