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Scientific Evidence Litigation Strategies

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

Holland & Hart - Your Trial Message

Vaccine Alarmism: Learn Better Testimony from the Miscommunications of Science

Sometimes, in the task of communicating technical or scientific information to the public, something can be lost in the translation. Of course, that is often a challenge for expert witnesses in courtroom settings, but...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

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

Hicks Johnson

Genetic Typing Could Answer Key Questions in COVID-19 Tort Litigation

Hicks Johnson on

As the coronavirus pandemic engulfs us, it is easy to imagine the litigation that may follow—including tort suits seeking damages for illness or death allegedly caused by negligent or reckless exposure. Possible fact patterns...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

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

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

Holland & Hart - Your Trial Message

Encourage Your Juror to Think Like a Scientist

In the wake of recent verdicts, the Johnson & Johnson defense team might be seeing its hopes of convincing jurors to follow its scientific advice going up in a cloud of smoke…or perhaps a cloud of potentially carcinogenic...more

Holland & Hart - Your Trial Message

Measure Your CSI Effect

We all recognize the scene from a crime drama. Sometime late at night, under the dim lights of the state’s forensic lab, the results emerge from the sophisticated lab equipment: It’s a match! There is now no doubt whatsoever...more

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