News & Analysis as of

Expert Witness Disclosure Requirements

Troutman Pepper

Expert on Proxy Statement Disclosures Excluded Under Daubert

Troutman Pepper on

A recent decision by Judge Novak in a securities case provides some helpful reminders on expert witness practice, particularly in commercial litigation, in the EDVA....more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

King & Spalding

Equality of Arms Between Experts: English High Court Offers Forceful Reminder by Excluding Expert Evidence Mid-Trial

King & Spalding on

A recent decision issued by the Technology and Construction Court has provided a helpful reminder for experts, counsel and clients of the importance of ensuring equality of arms between experts and, in that connection, of...more

McGuireWoods LLP

Key Amendments to Texas Rules of Civil Procedure, Effective January 2021

McGuireWoods LLP on

Recent amendments to the Texas Rules of Civil Procedure (TRCP) will significantly impact Texas discovery, expert disclosures and litigation practice. Generally, the amendments further align the TRCP with the Federal Rules of...more

Harris Beach PLLC

Sweeping Changes to Uniform Rules for the Supreme Court and County Court

Harris Beach PLLC on

Effective Feb. 1, 2021, New York’s Uniform Rules for the Supreme Court and County Court will see sweeping changes. A product of the courts and power delegated by the New York State Constitution, these rules govern the...more

Porter Hedges LLP

Alert: "Amendments To The Texas Rules Of Civil Procedure Affect Three Key Areas Of Civil Cases"

Porter Hedges LLP on

Effective September 1, 2020 (the “2020 Amendments”). and January 1, 2021 (the “2021 Amendments”) two sets of amendments to the Texas Rules of Civil Procedure affect three key areas of civil cases filed after those dates: (1)...more

Haight Brown & Bonesteel LLP

California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the...

In Perry v. Bakewell Hawthorne, LLC, 2017 No. S233096, the California Supreme Court held that when a trial court determines an expert opinion is inadmissible because expert disclosure requirements were not met, the opinion...more

Nexsen Pruet, PLLC

Changes to North Carolina's Rule of Civil Procedure 26(b)(4) Regarding Experts

Nexsen Pruet, PLLC on

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery. Effective Oct. 1, and applying to cases filed on or after...more

BakerHostetler

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

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

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