Topic
Expert Testimony
567 published works
Minding Your Business
Amendments to Federal Rule 702, Now in Effect
Last year, we previewed impending changes to the federal rule that governs the admissibility of expert testimony: Federal Rule of Evidence (FRE) 702. Since our last blog post on this topic,…
Criminal
Supreme Court grants cert on federal drug case concerning expert testimony on defendant’s knowledge
This morning brings this new Supreme Court order list that finally has something interesting for criminal justice fans. Actually, there are two matters of interest, a cert grant in a…
Intellectual Property Law Blog
Cyntec Company, Ltd. v. Chilisin Electronics Corp., Chilisin America Ltd. Nos. 2022-1873, (Fed. Cir. October 16, 2023)
By Don Geiger, Eric Gill
This case is primarily about the Daubert standard as applied to expert testimony on damages. The Federal Circuit reversed the Northern District of California’s admission of expert testimony on damages, which…
eDiscovery Today Blog
Defendant Used ChatGPT to Counter Expert Declaration: Artificial Intelligence Trends
By Doug Austin
The plaintiffs used a technical expert with four decades of experience to define a disputed term. The defendant used ChatGPT to counter his declaration. The post Defendant Used ChatGPT to…
Drug & Device Law
Plaintiffs’ Judge Shopping Ploy Fails in Bair Hugger MDL
By Bexis
Until now, the Bair Hugger MDL was known (at least to us) for two things: First, was the Eighth Circuit’s horribly lax application of the Fed. R. Civ. P. 702…
Virginia Rocket Docket Blog
Using a Company Witness as a Subject Matter Expert on a Company’s Products
It is common in commercial litigation for a company to offer an employee as a witness to testify about the design, capabilities and features of the company's products or services.…
The Daily Intake
Expert Testimony Rejected in California Heavy Metals Baby Food Lawsuit
We have observed that uncertainties about the levels of heavy metals in baby foods that are both safe and feasible could pose difficulties for plaintiffs in many of the consumer…
Legal Profession Blog
The Wake Of Hurricane Sandy
A summary of a decision issued today by the New Jersey Appellate DivisionIn this legal-malpractice case, the corporate plaintiff and its president appeal from an order granting defendants' summary-judgment motion. …
Patents Post-Grant
FRE 702 Amendment & The PTAB
Amended Rule Moves Focus to Admissibility Back in April the Supreme Court approved changes to FRE 702 (Expert Witness Testimony) that will take effect on December 1st. These changes clarify…
ZMO Law Blog
The Power of a Defense Expert
By Tess CohenA medical examiner declares cause of death. A DNA expert explains the likelihood of a match. A translator explains the meaning of a word in a foreign language.…