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Expert Testimony Evidence Litigation Strategies

U.S. Legal Support

Best Practices for Preparing an Expert Witness for Deposition

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As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more

Cooley LLP

The Dangers of Interfering with Expert Evidence

Cooley LLP on

The recent decision in Glover and Another v. Fluid Structural Engineers & Technical Designers Ltd and Others should serve as a warning to practitioners to pay heed to the strict rules regarding expert evidence and, in...more

IMS Legal Strategies

5 Key Considerations Regarding the Use of 3D Animation for Litigation

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In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries,...more

Frantz Ward LLP

Just What I Wanted for the Holidays: Changes to the Federal Rules of Evidence

Frantz Ward LLP on

There is an adage that lawyers learn the version of the rules of evidence and procedure that are current when they are in law school and then do not look at them again. While that is (hopefully) an exaggeration, it is always...more

Adler Pollock & Sheehan P.C.

Return of the Gatekeepers: Amendments to Rule 702 Clarify the Standard of Admissibility for Expert Witness Testimony

Rule 702 of the Federal Rules of Evidence governs expert witness testimony in federal courts. On April 24, 2023, the United States Supreme Court approved an amendment to Rule 702 (the “Amendment”), which will go into effect...more

Esquire Deposition Solutions, LLC

Proposed Changes to Federal Expert Evidence Rule Are Already Having Impact

Significant revisions to the federal rule governing the admissibility of expert evidence will go into effect December 1. The evidence rule changes appear to raise the bar slightly for admission of expert evidence, requiring...more

Troutman Pepper

Using a Company Witness as a Subject Matter Expert on a Company’s Products

Troutman Pepper on

It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company’s products or services. Usually, such a witness testifies as a fact...more

IMS Legal Strategies

Social Media Dos & Don’ts for Expert Witnesses

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Being an expert witness is a demanding task, but an expert’s testimony is crucial and can either make or break a client’s case. Credibility is paramount for any expert witness; it is the foundation an expert stands on to...more

IMS Legal Strategies

The Sky’s the Limit: The Many Ways Drone Footage Can Benefit Your Case

IMS Legal Strategies on

If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more

IMS Legal Strategies

What Makes Your Expert Witness the Best Witness? Social Science Research Highlights the Roles of Credibility and Influence

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Why Expert Credibility is Crucial - The adversarial nature of a jury trial leads many of our clients to ask, “Will my expert come across better than theirs?” This is a justifiable concern since jurors’ decisions about...more

Goldberg Segalla

Turbine Manufacturer’s Motion to Exclude Expert Opinion Testimony Denied

Goldberg Segalla on

U.S.  District Court for the Eastern District of Louisiana Decedent James Grant Gooding was employed at various shipyards in Louisiana between 1970 and 1979. On March 4, 2020, he filed suit against a variety of premises...more

IMS Legal Strategies

Chemical Engineering Expert Witness Experience & Discovery – Episode 48

IMS Legal Strategies on

Chemical engineering expert and IMS Elite Expert Terry Livingston discusses the role of an expert witness and the advantages of working with experts early in discovery. Listen, watch, and/or read the transcript below. (Part 1...more

IMS Legal Strategies

Witness Prep Goals, Credibility Factors, & Juror Comprehension – Episode 54

IMS Legal Strategies on

IMS Senior Jury Consulting Advisor Dr. Merrie Jo Pitera joins podcast host and IMS Client Services Advisor Adam Bloomberg to discuss the goals of witness preparation, what makes a witness credible, and how witnesses can...more

IMS Legal Strategies

Improving Expert Witness Credibility in the Eyes of the Jury

IMS Legal Strategies on

It comes as no surprise that when a witness is perceived as being credible, their messages will be more persuasive to the jury. Much academic research has been conducted to determine the primary characteristics that measure...more

IMS Legal Strategies

10 Tips for Preparing Expert Witnesses

IMS Legal Strategies on

As trial consultants, we have gained valuable information on how to prepare expert witnesses for trial based on the extensive jury research we have conducted. For instance, we know the best experts are able to convey that...more

Faegre Drinker Biddle & Reath LLP

Experts’ Disagreement with Medical Literature Leads to Exclusion

Peer-reviewed literature can be a powerful tool in attacking an opposing expert’s opinions. A solid, on-point article can do more than merely satisfy several of the so-called Daubert factors for assessing reliability – by...more

Goldberg Segalla

Naval Expert’s Testimony Limited on Duty to Warn Issue

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, September 29, 2022 - The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the...more

Butler Weihmuller Katz Craig LLP

Doctors, Scientists, & Engineers - Oh My! Changes to Federal Rule 702 are Likely Coming

Federal Rule of Evidence 702—Testimony by Expert Witnesses—was promulgated in 1975 when Congress first enacted the Federal Rules of Evidence. Original Rule 702 simply stated that “[i]f scientific, technical, or other...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Rumberger | Kirk

Overcoming Consulting (Non-Testifying) Expert Privilege

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Retained experts play a role in most forms of litigation.  Many practitioners are familiar with the general rules regarding discoverability of information held by experts: if they will testify at trial, their opinions and...more

Cranfill Sumner LLP

Can their expert say that?

Cranfill Sumner LLP on

What information aviation experts should be allowed to rely upon in formulating opinions for trial - In a previous article, we discussed the hearsay issues contained in NTSB reports, which can be challenged as inadmissible...more

Fish & Richardson

What to Consider When Selecting an Expert Witness

Fish & Richardson on

This blog series has already introduced you to the experts you’re likely to see in patent cases. Here, we build on that foundation with a discussion of who can be an expert witness and an exemplary checklist of considerations...more

Rumberger | Kirk

Daubert Applies Retroactively, Explains Fourth DCA

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The Fourth District Court of Appeal recently issued a reminder that Daubert is the standard for all disputes regarding admissibility of expert testimony in Florida, and applies retroactively even where Frye was the standard...more

Faegre Drinker Biddle & Reath LLP

Hierarchy of Scientific Evidence Reigns Supreme: NJ Appellate Division Affirms Exclusion of Experts in Accutane Litigation

In In re: Accutane Litigation (A-4952-16T1) — an appeal decided just 10 days after oral argument — the New Jersey Appellate Division applied the New Jersey Supreme Court’s landmark decision In re Accutane Litigation, 234 N.J....more

Carlton Fields

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

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In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

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