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Expert Witness Scientific Evidence

Womble Bond Dickinson

Junk Science in the Courtroom: Prevention is Better than Cure

Womble Bond Dickinson on

When scientific evidence is in play, it is often assumed that the most frequently cited articles are published in the most elite journals. However, this is not necessarily true. A journal is ranked according to its impact...more

Wilson Sonsini Goodrich & Rosati

Upcoming FRE 702 Amendment Reemphasizes the Admissibility Bar for Expert Testimony and Courts’ Gatekeeping Role

On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of...more

Butler Snow LLP

Solving the Problem of Daubert’s “Shaky but Admissible Evidence”: An Amendment to Federal Rule of Evidence 702 May Be Forthcoming

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In the face of extraordinary challenges, 2020 has yielded profound developments within the scientific community: from the accelerated development and approval of highly effective and safe vaccines normally years in the making...more

Holland & Hart - Your Trial Message

Address Science Denialism

It has been a tough year for science. On the social-science front, it seems that we have entered a phase where no one believes the polls. To conservative Trump supporters, the consensus of data showing the President well...more

Womble Bond Dickinson

Science Should Lead the Law: Amending FRE 702 to Let Science Guide Legal Outcomes

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The Advisory Committee on Evidence Rules will continue this fall its ongoing discussions on amendments to Federal Rule of Evidence (FRE) 702. The two possible amendments being considered for FRE 702 include...more

Holland & Hart - Your Trial Message

Scientific Testimony: Don’t Rely on Shortcuts

As a twice-weekly blog writer focusing on the social science of legal persuasion, I am thankful that during this medical emergency, the research has kept coming. Even as restaurants, bars, beaches, and schools have been shut...more

Holland & Hart - Your Trial Message

Consider COVID Attitude Changes, Part 4: More Polarization on Science

After a brief time when it seemed that Americans were coming together in favor of social isolation to slow the spread of the novel coronavirus, it seems that our response is now getting more polarized by the day. As the...more

Holland & Hart - Your Trial Message

Experts, Know Your Eight Bases of Persuasion

What makes an expert witness persuasive to a jury? Is it their background and training? The work that they did on the case? Their communication skills in teaching the jury? The research suggests that expert influence depends...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

White and Williams LLP

Florida Adopts Daubert Standard for Expert Testimony

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Seven months ago, the Florida Supreme Court declined to adopt Daubert as the standard for admitting expert testimony in Florida state courts. In DeLisle v. Crane Co., 258 So. 3d 1219 (2018), the court reaffirmed that “Frye,...more

Holland & Hart - Your Trial Message

Expect Science Views to Vary

Jurors sometimes need to grapple with science, and given the constraints of the trial process and the often-complex nature of the testimony, “grapple” is probably the right word. Whether it involves working through detailed...more

White and Williams LLP

Minnesota “Fryes” the Difference Between Novel Scientific Theory and Novel Science

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In re 3M Bair Hugger Litig., 2019 Minn. App. LEXIS 11, the Minnesota Court of Appeals analyzed the applicable standard for determining whether or not expert opinion testimony based on a novel scientific theory is admissible....more

Holland & Hart - Your Trial Message

Experts, Cultivate Awe

Remember Carl Sagan and the original show Cosmos? It was a beloved series in the late 70’s, not just for its accessible explanations of something as complex as the history of the universe, but also for its ability to evoke a...more

Searcy Denney Scarola Barnhart & Shipley

Viagra — Developments in Litigation

There have been some very recent developments in the national litigation regarding the erectile dysfunction (ED) drug Viagra and the allegation that its use increases a patient’s risk of developing melanoma. Judge Seeborg,...more

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