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Expert Testimony

567 published works

  1. Pro Te: Solutio

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

    By Butler Snow

    Introduction 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…

  2. Pro Te: Solutio

    Turnabout is Fair Play – “Junk Science” Litigation Aftermath: Requisite Retractions and Dubious Do-Overs

    By Butler Snow

    I. Introduction Do plaintiffs’ experts get to put junk science before juries more often than their opinions are excluded? The answer is a resounding “probably.” Even in light of the December…

  3. The Patent Playbook

    A Looming <em>En Banc</em> Decision with Potentially Damaging Consequences – <em>EcoFactor v. Google </em>

    By Erik Milch, Elizabeth Shrieves

    For anyone following the evolving admissibility standards for expert opinions relating to patent damages, the EcoFactor v. Google case is one to watch. In December 2024, the Federal Circuit granted…

  4. Tort Talk

    Link To Decision Corrected for Yesterday's Post: Court Rules that Plaintiff Can't Wing It In Terms of Expert Testimony

    By Daniel Cummins

    The Link to the court decision in yesterday's post has been fixed.  Sorry about that error.  You can view yesterday's Tort Talk post here at this LINK and click the corrected Link…

  5. Tort Talk

    Court Rules That Plaintiff Can't Wing It In Terms of Expert Testimony

    By Daniel Cummins

    In the case of Boruch v. Catty Corner Neighborhood Pub & Pie, 2025 Pa. D. & C. Dec. Lexis 6 (C.P. Leh. Co. Jan. 2, 2025 Reichley, J.), the court…

  6. Drug & Device Law

    Boo, Hiss

    By Bexis

    As anyone who has read more than a paragraph of what we’ve written knows, this is a forthrightly pro-defense Blog.  It is not our practice to criticize the strategy or…

  7. Legal Theory Blog

    Legal Theory Bookworm: “The Weaponization of Expertise” by Russell & Patterson

    By Lawrence B. Solum

    The Legal Theory Bookworm recommends The Weaponization of Expertise: How Elites Fuel Populism by Jacob Hale Russell & Dennis Patterson. Here is a description: The problem with expertise—and the dark…

  8. A Pursuit of Justice

    LAWYERS, JUDGES, AND EXPERTS: THEIR CHANGING RULES AND RESPONSIBILITIES

    By Steven Platt

    In my thirty years as a Judge on three different Maryland Trial Courts and the last 16 years as a Senior Judge serving on two of those Trial Courts and…

  9. Tort Talk

    Superior Court Affirms Entry of Nonsuit Where Trial Court Precluded Plaintiff's Liability Expert For Giving a 'More Likely Than Not' Expert Opinion

    By Daniel Cummins

    In the case of Peterson v. Stacy’s Pizza, Inc., 315 EDA 2024 (Pa. Super. Jan. 14, 2025 Dubow, J., Sullivan, J., and Olson, J.) (Op. by Dubow, J.; Olson, J,…

  10. EvidenceProf Blog

    Supreme Court of Oregon Finds Police Officer’s Testimony That an Adult’s Eyes Regress to “Baby Eyes” When Drunk Was Improperly Admitted

    By Colin Miller

    Similar to its federal counterpart, Oregon Rule of Evidence 703 provides thatThe facts or data in the particular case upon which an expert bases an opinion or inference may be…