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Expert Testimony Federal Rules of Civil Procedure Discovery

Knobbe Martens

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

Knobbe Martens on

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

Morgan Lewis

Expert Testimony May Be Limited if ‘Confidential’ Information Is Withheld Under Section 6103

Morgan Lewis on

Expert witnesses can be critical to defending a tax position—but what happens when an expert must maintain confidentiality over information that is important to their analysis? Preserving this confidentiality while ensuring a...more

Zuckerman Spaeder LLP

New Question for Expert Witness: Who Drafted This Report, You Or Your Machine?

Zuckerman Spaeder LLP on

A federal judge in Minnesota recently granted a motion to exclude an expert declaration explaining the dangers of AI deepfakes because the declaration itself contained AI-hallucinated citations. The case was a First Amendment...more

Faegre Drinker Biddle & Reath LLP

To Depose or Not to Depose: When Challenging Opposing Nonretained Experts Becomes Challenging

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

Faegre Drinker Biddle & Reath LLP

It’s not what happened, but why: First Circuit rejects conclusory, unsupported expert opinions

It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 23-27): Supporting Damages Expert’s Testimony

With Labor Day around the corner and summer coming to a close, the Federal Circuit had a busy week with a lot of precedential opinions to pick from. Below we provide our usual weekly statistics and our case of the week—our...more

Nutter McClennen & Fish LLP

Practice Pointer: Under Massachusetts Procedure, There’s No Right to Expert Depositions

Under Massachusetts procedure, a party has the right to compel an opponent to disclose its testifying expert’s opinions through interrogatories. But unlike federal procedure, a party under Massachusetts procedure must obtain...more

Bradley Arant Boult Cummings LLP

Expert Witness Research Tips - DRI: Raising the Bar

When it comes to expert witnesses, young lawyers can add tremendous value to their team through research into the background of both their own and the opposing party’s experts. This research should be done as early as...more

Esquire Deposition Solutions, LLC

4 Things You Must Know about AIA Trial Depositions

After the America Invents Act (AIA) passed with a vote of 304-177 in June 2011, inventors seeking patents had to be the first to file to lay claim to their innovations. As the first major shift in patent law since 1952,...more

Butler Snow LLP

Nonreporting Employee/Experts Beware: A Follow-up on Luminara Worldwide, LLC v. RAZ Imports, Inc.

Butler Snow LLP on

It has been more than one year since the case Luminara Worldwide, LLC v. RAZ Imports, Inc., 2016 WL 6774231, 2016 U.S. LEXIS 158183, (D. Minn. Nov. 15, 2016) became a popular topic for the defense bar. As a brief recap, the...more

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