News & Analysis as of

Exclusions Evidence

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Cal/OSHA Appeals Board Decisions Address Inspection Warrants, Exclusion of Evidence, and Employee Foot Protection

The California Occupational Safety and Health Appeals Board (OSHAB) recently issued two decisions of interest to employers in California. In In re Calvary Chapel of San Jose, the Board examined issues concerning an inspection...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Affirms Exclusion of Expert Opinion Based on Unjustified Analogy

In the space of a single paragraph, General Electric Co. v. Joiner softened Daubert’s comment that a court’s assessment of expert opinion admissibility should focus “solely on principles and methodology, not on the...more

Holland & Knight LLP

Education Department Ceases Enforcement of "Arbitrary and Capricious" Exclusionary Rule

Holland & Knight LLP on

By a bulletin and letter issued on Aug. 24, 2021, the Biden Administration's U.S. Department of Education announced that it was ceasing enforcement of a highly controversial exclusion of evidence rule that was included in the...more

Fox Rothschild LLP

Judge Stark Grants Plaintiffs’ Motion In Limine To Preclude Trial Testimony From Defendants’ CEO

Fox Rothschild LLP on

By Memorandum Order entered by the Honorable Leonard P. Stark in SZ DJI Technology Co., Ltd. et al. v. Autel Robotics USA LLC et al., Civil Action No. 16-706-LPS (Consolidated) (D.Del. August 4, 2021), the District of...more

ArentFox Schiff

Litigating Spoliation Claims in Trade Secret Cases

ArentFox Schiff on

In today’s Digital Era, where employee mobility is commonplace, businesses are more exposed than ever to trade secret theft by employees. As businesses move toward the complete digitization of information, lawyers involved in...more

Nossaman LLP

Friday Afternoon Eminent Domain Case Review

Nossaman LLP on

On Friday afternoon I decided to take a quick look at the advance sheets for any newly decided appellate cases involving eminent domain. My search revealed an unpublished decision that came out yesterday (September 7, 2017)...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - June 2015 #2

No Policy? No Problem, The First Circuit Rules In A Coverage Dispute - Why it matters: This case addresses the standard for pleading a missing insurance policy where the alleged insured, a private educational...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - May 2014

Supplemental Information Containing Petitioner’s Statements Allowed in IPR - A PTAB panel has granted a patent owner’s (owner) motion to submit supplemental information in an inter partes review (IPR). A motion to...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - May 2014

Improper Submission of New Evidence Undermines Patent Challenge - In its final written decision, a PTAB panel granted a patent owner’s (owner) motion to exclude evidence submitted by a petitioner in support of its...more

Orrick - Trade Secrets Group

Fourth Circuit Blows Away Nearly $1 Billion Kevlar Trade Secrets Award

The Fourth Circuit has thrown out the second-largest trade secret jury verdict on record, an award of nearly $1 billion, on the grounds that the district court improperly excluded evidence relevant to the defense....more

Nexsen Pruet, PLLC

The Exclusion of Other Incident Evidence in Product Liability Litigation

Nexsen Pruet, PLLC on

A crucial issue in the successful defense of a product liability case is the exclusion of other incidents and accidents involving products of the manufacturer. In old school parlance, prior incidents were often referred to...more

Katten Muchin Rosenman LLP

Third Circuit Holds that District Court Improperly Excluded Expert Testimony in Securities Fraud Case

The US Court of Appeals for the Third Circuit recently reversed a district court’s decision to exclude expert testimony in a case involving allegations of securities fraud. The court distinguished the loss causation and...more

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