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Expert Testimony

567 published works

  1. Drug & Device Law

    Amended Rule 702 – Eradicates Invasive Experts on Contact

    By Bexis

    We continue to be cautiously optimistic that the recent amendments to Fed. R. Evid. 702 – enacted because too many courts had been too flaccid for too long in admitting…

  2. Drug & Device Law

    Frequent Flier P-Side Expert Excluded Under Amended Rule 702

    By Bexis

    As we’ve discussed, such as here, Fed. R. Civ. P. 702 was amended in late 2023, because the Civil Rules Advisory Committee concluded that too many courts were erroneously admitting…

  3. Drug & Device Law

    Pursuant to Rule 702, This One Is Or-ah-gone

    By Lisa Baird

    Local counsel in one of our cases made it clear that unless we wanted to broadcast that we were from out of state, we needed to pronounce Oregon as “Or-gun”…

  4. Drug & Device Law

    The State of State of Mind Testimony by Experts

    By Eric Alexander

    The issue of the state of mind or intent of a party can play out a number of ways based on the nature of the case.  In the criminal context,…

  5. Sentencing Law and Policy

    A little interesting coverage of an interesting SCOTUS argument on drug mule case experts

    By Douglas Berman

    Though Supreme Court action regarding Texas immigration enforcement was the story grabbing most of the headlines yesterday, Tuesday also brought an interesting SCOTUS oral argument in Diaz v. US.  Diaz…

  6. The D&O Diary

    Guest Post: Is It Ever Too Early To Engage A Corporate Governance Expert?

    By Kevin LaCroix

    Governance Issues frequently are the heart of corporate and securities lawsuits. For that reason, the testimony in this type of litigation of corporate governance and management practices experts can be…

  7. California Employment Law Update

    New Trial Threat To California Employers Has Arrived

    By Tony Oncidi, Mark Theodore, Laura Vaughn

    A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial.  In many if…

  8. Minding Your Business

    New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging

    By Seth H. Victor

    California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold. A new section of the Evidence Code states:…

  9. Business and Commercial

    Surviving A Daubert Challenge as a Business Valuation Expert

    By Miles Mason

    Surviving A Daubert Challenge As A Business Valuation Expert. When can expert testimony be excluded? What is a motion to exclude expert testimony?  https://youtu.be/Omk6bctHTco?si=nrfdecTy1FHxezxtVideo can’t be loaded because JavaScript is…

  10. Law Times News

    Recent decisions take hard line with hired guns, experts testifying outside expertise

    By Law Times News

    Excluding expert evidence rare, but 'not completely uncommon,' says McLeish Orlando's Brandon Pedersen