Expert Testimony, Burden of Proof, Evidence

Key New Jersey Appellate Win Secured in Legal Malpractice Action

Marshall Dennehey on 1/30/2025

A decision impacting the defense of such actions from damages claims by new businesses - In an Appellate decision impacting the defense of legal malpractice actions arising out of claims for damages by new businesses, Jack...more

Rule 702 has been amended to clarify the burden of proof and the trial court’s gatekeeping role

Kilpatrick on 12/27/2023

Effective December 1, 2023, Federal Rule of Evidence 702 has been amended to address the standard for admission of expert opinion testimony. The amendments confirm that the trial judge, in its gatekeeping role, must determine...more

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

Bricker Graydon LLP on 7/28/2023

To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s...

White and Williams LLP on 7/5/2018

In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of...more

"Staples-Office Depot Mergers, 1997 v. 2016: Changed Industry, Same Result"

Skadden, Arps, Slate, Meagher & Flom LLP on 5/23/2016

On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its...more

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

Nexsen Pruet, PLLC on 2/15/2013

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more