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Litigation Strategies Expert Testimony Discovery

Ward and Smith, P.A.

Litigating Trade Secret Cases: A Strategic Guide for In-House Counsel

Ward and Smith, P.A. on

Ed. Note: This is the third in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,...more

Stark & Stark

Court Affirms Admissibility of DTI-Based TBI Diagnosis in Oklahoma Federal Case

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In a significant decision for plaintiffs litigating traumatic brain injury (TBI) claims, the U.S. District Court for the Northern District of Oklahoma has denied a defense motion to exclude expert testimony based on diffusion...more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

EDRM - Electronic Discovery Reference Model

Creating a Compelling Argument in the BP Trial: Halliburton’s Closing

In our recent articles exploring how generative AI can transform trial preparation, we demonstrated how Large Language Models (LLMs) could analyze complex trial materials to generate sophisticated closing arguments. Our first...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

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

Polsinelli on

From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more

IMS Legal Strategies

Social Media Dos & Don’ts for Expert Witnesses

IMS Legal Strategies on

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

Faegre Drinker Biddle & Reath LLP

Court Finds Ship Has Sailed for Seaman to Disclose Expert’s Opinions, Resulting in Summary Judgment

Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more

IMS Legal Strategies

Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48

IMS Legal Strategies on

Chemical engineering expert and IMS Elite Expert Terry Livingston joins host Adam Bloomberg to discuss the role of an expert witness and the advantages of working with experts early in discovery. View the transcript here:...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

Zuckerman Spaeder LLP

Working with Experts: Three Tips for Associates

Zuckerman Spaeder LLP on

Experts are a key part of any complex litigation. Being part of an expert team as an associate can mean taking charge of all the little (but still important) things: shuttling relevant documents to the expert, keeping track...more

Maron Marvel

When Sooner is Better Than Later – Expert Retention in Environmental Litigation

Maron Marvel on

Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...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

Rumberger | Kirk on

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

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

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

Rumberger | Kirk

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

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The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

Rumberger | Kirk

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

Rumberger | Kirk on

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

Holland & Knight LLP

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

Holland & Knight LLP on

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Butler Weihmuller Katz Craig LLP

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

Carlton Fields

Strategies In Class Action Engagement: Third-Party Depositions

Carlton Fields on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony. Occasionally,...more

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