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Trial Preparation Expert Testimony

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

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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

Butler Snow LLP

Turning Up the Heat? Pressure Testing Scientific Theories in Science Days, Rule 702 Hearings, and the Hot Tub

Butler Snow LLP on

Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk science out of the courtroom and, of course, win...more

Holland & Knight LLP

Podcast - Expert Witnesses, Special Issues

Holland & Knight LLP on

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

Goldberg Segalla on

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...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

U.S. Legal Support

Fact Witness vs. Expert Witness: Key Preparation Tactics

U.S. Legal Support on

As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more

U.S. Legal Support

Best Practices for Preparing an Expert Witness for Deposition

U.S. Legal Support on

As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more

U.S. Legal Support

Realtime Depositions: Enhancing Legal Proceedings

U.S. Legal Support on

Nearly 150 years after Miles Bartholomew introduced the first shorthand machine, the various technologies and tools utilized to record court proceedings and legal matters continue evolving. Today, realtime deposition...more

IMS Legal Strategies

5 Key Considerations Regarding the Use of 3D Animation for Litigation

IMS Legal Strategies on

In recent years, 3D animation has emerged as a powerful tool for teaching and transforming complex information into a digestible and compelling visual. Animation brings a case to life and can have a greater impact on juries,...more

Marshall Dennehey

Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

Marshall Dennehey on

On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the...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

The Sky’s the Limit: The Many Ways Drone Footage Can Benefit Your Case

IMS Legal Strategies on

If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Using IO Psychologists as Experts in Litigation - February 23rd, 2:00 pm - 3:00...

DCI Consulting on

Industrial/Organizational Psychologists (I/O) have provided consulting expert and testifying expert support in class action employment discrimination litigation for decades. These cases address alleged discrimination in a...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

IMS Legal Strategies

10 Tips for Preparing Expert Witnesses

IMS Legal Strategies on

As trial consultants, we have gained valuable information on how to prepare expert witnesses for trial based on the extensive jury research we have conducted. For instance, we know the best experts are able to convey that...more

Esquire Deposition Solutions, LLC

Effective Cross-Examination of Experts During Deposition

Although it’s undoubtedly true that patent litigators have deep expertise in their corner of the scientific world and Texas oil attorneys could teach a college geology class, the fact remains that most litigators do not share...more

Holland & Hart - Your Trial Message

Experts: Follow the Seven Commandments

I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to...more

Holland & Hart - Your Trial Message

The Research/Practice Gap: You Should Continue to Prefer Live Testimony

I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid as the pictures are, they still don’t do it justice, and you have to be...more

Holland & Hart - Your Trial Message

Address Anti-Expert Bias: 5 Ways

It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable...more

Holland & Hart - Your Trial Message

Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own

In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and...more

Shook, Hardy & Bacon L.L.P.

Podcast: Science in the Courtroom

Shook is known for its use of science to win in the courtroom. Listen to two Shook attorneys discuss the importance of proper witness preparation involving complex medical and technical issues....more

Holland & Hart - Your Trial Message

Experts: Testify Remotely Without Losing Influence

So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is...more

Holland & Hart - Your Trial Message

Avoid ‘Glass Houses’ Arguments When Comparing Experts

This is the general sentiment I sometimes hear when one side in an opening statement is talking about the other side’s experts...more

Holland & Hart - Your Trial Message

The Wrapper and the Contents: Cross Their Expert on Both Levels

One trait of jurors is that, at the start of a case at least, they are not already savvy about the case’s subject matter. So, how do they learn? Through expert testimony. They won’t necessarily just sign-on to an expert’s...more

Smart & Biggar

Effectively using experts in IP Litigation – Part 2: Practise

Smart & Biggar on

In intellectual property litigation, the outcome of many high stakes cases has turned on expert testimony. It is therefore important for a litigator to spend time and effort to properly identify, select, and prepare the...more

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