Topic
Expert Testimony
567 published works
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…
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…
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…
Tort Talk
Link To Decision Corrected for Yesterday's Post: Court Rules that Plaintiff Can't Wing It In Terms of Expert Testimony
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…
Tort Talk
Court Rules That Plaintiff Can't Wing It In Terms of Expert Testimony
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…
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…
Legal Theory Blog
Legal Theory Bookworm: “The Weaponization of Expertise” by Russell & Patterson
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…
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…
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
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,…
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…