News & Analysis as of

Federal Rules of Evidence

Robinson+Cole Class Actions Insider

Third Circuit Maintains a Strict Approach to Numerosity and Highlights Circuit Split on Application of Evidentiary Rules to Class...

I used to say that denials of class certification on numerosity grounds were rare and that usually it was futile to oppose class certification on that ground. That’s becoming less true as some circuits, including the Third...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 12

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Nutter McClennen & Fish LLP

Cracking Down on Junk Science: Judicial Conference Committee Approves Amendments to Federal Rule 702

The Judicial Conference Committee on Rules of Practice and Procedure recently voted unanimously to approve two proposed amendments to Federal Rule of Evidence 702, “Testimony by Expert Witnesses.”  Rule 702 governs the...more

Harris Beach PLLC

Unanimous Approval Received for Amendments to Federal Rule of Evidence 702: Testimony of Expert Witnesses

Harris Beach PLLC on

The Committee on Rules of Practice and Procedure unanimously approved several amendments on June 7, 2022, to clarify Federal Rule of Evidence 702—the federal standard for admissibility of expert testimony. See Daubert v....more

Hanzo

When it Comes to Using Screenshots as Evidence, It’s All About Authentication

Hanzo on

Complex data sources – such as chat messages or a SaaS application’s user interface – are called that for a reason in the world of ediscovery: namely because it’s challenging to reproduce the data in a way that’s useful for...more

Stange Law Firm, PC

Objections To Testimony and Evidence in Family Court

Stange Law Firm, PC on

Trials in divorce and family law matters can take place in some cases. Many divorce and family law cases settle outside of court. However, for the cases that do not, trial testimony and evidence can have a big impact on the...more

Freeman Law

Tax Court in Brief | Genecure, LLC v. Commissioner | Capital Expenses, QTDP Recapture Tax, Fraud-Related Penalty Requirements

Freeman Law on

Tax Litigation: The Week of May 23rd, 2022, through May 27th, 2022 Albrecht v. Comm’r, T.C. Memo 2022-53 | May 25, 2022 | Greaves, J. | Dkt. No. 13314-20. Genecure, LLC v. Comm’r, T.C. Memo 2022-52 | May 23, 2022 | Jones, J....more

King & Spalding

Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn

King & Spalding on

Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more

Proskauer - Minding Your Business

Changes to Rule 702 Cement Judge’s Role as Gatekeeper for Expert Testimony

A proposed amendment to Federal Rule of Evidence 702, which governs the admissibility of expert testimony in federal court, could clarify the evidentiary burden on proponents of expert testimony and a court’s role regarding...more

Cozen O'Connor

Notice of Appeal- A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers

Cozen O'Connor on

A jury convicted Defendant of tax fraud after he underreported his cash income from two of his pharmacies. Defendant argued on appeal that the affidavit in support of his search warrant was defective because it contained...more

Smith Gambrell Russell

Georgia General Assembly Passes HB 478: Establishes Daubert Evidentiary Standard in Georgia Criminal Cases

Smith Gambrell Russell on

On Wednesday, March 30, 2022, the Georgia General Assembly passed HB 478 to extend the Daubert evidentiary standard for expert testimony in Georgia criminal prosecutions. The move to adopt Daubert for criminal matters was...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Amended FRE 702 Confirms Court as Gatekeeper of Expert Testimony

New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony. Forthcoming amendments to FRE 702 will promote uniformity in application of the Rule...more

Esquire Deposition Solutions, LLC

Discovery Depositions and Hearsay Evidence

The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522...more

Faegre Drinker Biddle & Reath LLP

Plaintiff Shoots an Airball Against Nike in Design Defect Case

ase In the wake of March Madness, it is only appropriate to call attention to an opinion laced with pithy basketball puns. In Nachimovsky v. Nike, Inc. et al., 2022 WL 943421 (E.D.N.Y. Mar. 29, 2022), Plaintiff injured his...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 Snow LLP

Back to Gumbo Basics: The Least Yall Could Do is Lay the Foundation(s)

Butler Snow LLP on

No visit to New Orleans is complete without a bowl of gumbo. There are many preferences, of course, but every great bowl of gumbo has the same foundation. It is of no consequence whether you prefer Dooky Chase’s savory, porky...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Valve Corporation v. Ironburg Inventions Ltd., 8...

Valve Corporation petitioned for inter partes review (IPR) of two patents owned by Ironburg Inventions directed to hand held controllers for game consoles. The Patent Trial and Appeal Board (Board) determined that a key...more

Mintz - Intellectual Property Viewpoints

D. Del. Says ANDA Specification Trumps All Else in Infringement Analysis

On February 8, 2022, U.S. District Court Judge Maryellen Noreika of the United States District Court for the District of Delaware granted the plaintiff’s motion to exclude defendant’s expert testimony for being “based on an...more

Nutter McClennen & Fish LLP

Tips for Trying Science-Based Jury Cases as We Emerge From the COVID-19 Pandemic

Q: The COVID-19 pandemic has exacerbated the skepticism some laypeople harbor toward scientists and medical experts. How can you overcome these jurors’ perceptions in science-based trials? A: Trial lawyers should spend more...more

Epiq

New Sedona Commentary Tells Us Protecting Privilege Can be Easy with Rule 502(d) Orders

Epiq on

During the early phases of a case, there are times where disclosure of privileged information may occur. Although lawyers should do everything to protect confidential client information, communications, and work-product...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Proskauer - Minding Your Business

Recent Change to New York’s Hearsay Law Could have Implications for Workplace Litigation

New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years....more

Freeman Law

Expert Witnesses and the Daubert Standard

Freeman Law on

Expert testimony is often critical to establish a claim or defense. Expert testimony is allowed where scientific, technical, or other specialized knowledge will assist the judge or jury to understand the evidence in a case...more

Epiq

Five Significant eDiscovery Rulings from 2021

Epiq on

At the beginning of every new year, it is important for legal teams to reflect on key eDiscovery case law from the year before that will influence future processes and case strategy. In 2021, the U.S. courts handled a variety...more

Jones Day

Discovery Request Seeking Deposition Preparation Materials Denied

Jones Day on

The Patent Trial and Appeal Board (“PTAB”) recently denied a Motion for Additional Discovery because the movant could not prove beyond mere speculation that the requested documents would be useful to show witness scripting....more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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