Topic
Expert Testimony
567 published works
Virginia Rocket Docket Blog
Will Amendments to Federal Rule of Evidence 702 Change Expert Witness Testimony in the EDVA?
On April 24, Chief Justice Roberts forwarded to Congress amendments to Federal Rule of Evidence 702 governing the admission of expert testimony in the federal courts. The amendments will take…
Drug & Device Law
Guest Post – More on Expert Gatekeeping in West Virginia
By Bexis
Shortly after we recently posted our 50-state survey of state law concerning expert "gatekeeping," we received a thoughtful email from friend-of-the-Blog Tom Hurney, of Jackson Kelly, informing us that there…
On Point
Officer’s testimony about ZAP STICK merely “expositional,” not subject to 907.02(1)’s heightened reliability standard
By Wisconsin State Public Defender
State v. Danny Arthur Wright, 2021AP1252-CR, District 3, 05/16/23 (not recommended for publication); case activity (including briefs) The state charged Wright with first degree sexual assault with use of a dangerous…
New York Attorney Malpractice Blog
Defendant Fails To Submit An Expert Opinion
North Flatts LLC v Belkin Burden Goldman, LLP 2023 NY Slip Op 02954 Decided on June 01, 2023 Appellate Division, First Department very quickly affirms a denial of summary judgment…
Drug & Device Law
50-State Survey of State Court Decisions Supporting Expert-Related Judicial Gatekeeping
By Bexis
A little while ago, Bexis attended a Lawyers for Civil Justice semi-annual meeting, at which he received that organization’s “Outstanding Contributor Award” (in full disclosure, so did a half dozen…
Zalma on Insurance
Prison for 195 Years
By Barry Zalma
Arson Investigators May Testify as Experts as to Cause and Origin of Fire See the full video at https://rumble.com/v2mvs5q-prison-for-195-years.html and at https://youtu.be/2Zp1PJ36HZc Following NFPA Guidelines Establishes Expertise Defendant, Todd N.…
Global Investigations & Compliance Review
Proposed Changes to Federal Rule of Evidence on Expert Witness Testimony
Expert testimony can play a crucial role in the trial process. Consequently, parties often file motions to disqualify the opposing side’s expert witnesses. The success of these motions in federal…
Tort Talk
Judge Brann Review Rules of Evidence Regarding Admissibility of Evidence and Expert Testimony in a Trucking Accident Matter
In the case of Cleveland Brothers Equip. Co. v. Vorobey, No. 4:19-CV-01708 (M.D. Pa. Feb. 10, 2023 Brann, J.), the court addressed numerous pre-trial Motions in Limine in a contribution…
Drug & Device Law
An Example of Rule 702 Misapplication
Just last week we updated our discussion on the 2023 amendments to Rule 702 urging our readers to start using the amendments now before their official implementation in December. That’s…
Patents Post-Grant
A PTAB Declaration is Not an Expert Report
By Scott McKeown, Scott McKeown Wolf Greenfield
Declarations Are Often Limited in Scope & Content The USPTO Director issued a precedential decision last month in Xerox Corp. v. Bytemark, Inc. that explained declarant testimony that merely repeats,…