Topic
Expert Testimony
567 published works
Tort Talk
Summary Judgment Granted in Favor of Porsche Due to Failure of Plaintiff's Expert Testimony
In the case of Riad v. Porsche Cars M.A. Inc., No. 18-5175-KSM (E.D. Pa. July 30, 2024 Marston, J.), the court granted summary judgment to the defense in a products…
EvidenceProf Blog
Federal Circuit Reverses District Court’s Rule 703 Ruling
By Colin Miller
Federal Rule of Evidence 703 provides thatAn expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.…
EvidenceProf Blog
The Limitations of Federal Rule of Evidence 704(b) & How Prosecutors Frequently Circumvent It
By Colin Miller
Federal Rule of Evidence 704(b) provides that In a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state…
Philadelphia Criminal Defense Blog
Smith v. Arizona: United States Supreme Court Holds Expert May Not Testify to Absent Lab Analyst’s Testing Results if Analyst Unavailable
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire The Supreme Court of the United States has decided the case of Smith v. Arizona. In Smith, the Court held that when…
Domnick Cunningham & Whalen Blog
What is a Expert Testimony in Florida Medical Malpractice Cases
By Will Chan
Medical malpractice occurs when a healthcare professional deviates from the standard of care, causing harm to a patient. In Florida, these cases are governed by complex laws designed to protect…
Supreme Court Update
Moore v. United States (No. 22-800), Diaz v. United States (No. 23-14), Gonzalez v. Trevino (No. 22-1025), Campos-Chaves v. Garland (No. 22-674)
By Tadhg Dooley, David R. Roth
While we await the Court’s issuance of more decisions on Wednesday, we have four recaps of cases decided in the last week or so: Moore v. United States (No. 22-800),…
Appellate and Supreme Court
Supreme Court, by 6-3 vote, rejects claim that mental state expert testimony violated FRE 704(b)
The Supreme Court this morning handed down a short opinion in Diaz v. United States, No. 23-14 (S. Ct. June 20, 2024) (available here). Justice Thimas authored the opinion for…
Sentencing Law and Policy
Supreme Court, by 6-3 vote, rejects claim that mental state expert testimony violated FRE 704(b)
The Supreme Court this morning handed down a short opinion in Diaz v. United States, No. 23-14 (S. Ct. June 20, 2024) (available here). Justice Thimas authored the opinion for…
Drug & Device Law
How Are the Recent Rule 702 Amendments Faring in Court?
By Bexis
Over the last month, Bexis attended both the Hollingsworth Firm’s annual toxic tort litigation defense seminar and the Lawyers for Civil Justice spring meeting. Both meetings featured discussions on how…
Drug & Device Law
New Science and New Rule 702 Prompt Talc MDL Court to Reexamine Daubert Issues
We've written more than once that the recent (effective last December) amendment to Federal Rule of Evidence 702 qualifies as a Very Big Deal. An opinion in the J&J talc…