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National Law Journal

'I'm Stephen King. I'm a Freelance Writer.' Court Savors Iconic Author's Appearance at Penguin Random House Antitrust Trial

Peter Mucchetti, a partner at Clifford Chance, represented Stephen King as he took the stand in support of DOJ's challenge of the merger of Penguin Random House and Simon & Schuster.
5 minute read

National Law Journal

From Tobacco to Opioid Litigation, Robins Kaplan Leader Discusses Helping Tribal Nations, Law Firm Leadership

"Representing tribes has given me such a unique perspective into the problems tribal nations face in this country," says Robins Kaplan national tort group chair Tara Sutton.
9 minute read

New York Law Journal

Expert Ambiguity in the CPLR

While empowering the courts with the discretion to resolve pre-trial disclosure controversies on a case-by-case basis is an important policy objective of NY CPLR 3101(d), which governs the exchange of expert disclosures in litigation, the ambiguity built into the statute as written allows for mischief in the margins.
8 minute read

New York Law Journal

The Parameters of Non-Physician Testimony in Medical Malpractice Trials

In his Medical Malpractice column, John L.A. Lyddane reviews case law relating to how the courts have treated non-physician witnesses in the past in order to predict how a proposed expert will be received. How will the court exercise its discretion on the scope of the admissible testimony?
8 minute read

Law.com

State Appellate Court: Defendant's Mental State Relevant to 'Knowingly Failing' to Register as Sex Offender

"Here, the defendant's proffered expert testimony about his mental state was relevant to whether the 'knowingly' element had been met," Associate Justice John Englander wrote. "As the evidence was relevant, and its exclusion was not harmless, we vacate the conviction."
4 minute read

Law.com

Is a Qualified Expert Needed to Explain the Location-Tracking Function of a Cellphone? Appeals Court Says No

The Maryland Court of Appeals reinstated a man's murder conviction, finding a state's witness did not need to be qualified as an expert to testify that cellphone users can adjust a cellphone's ability to track and collect location data.
6 minute read

New Jersey Law Journal

Court Sets Guidelines for Third Parties Attending and Recording Defense Medical Exams

COURT WATCH: In view of inconsistent trial court rulings, Judge Sabatino saw the need for a uniform procedure to deal with a third party observing and the recording of DMEs.
7 minute read

Law.com

State High Court Reinstates Murder Conviction Under Recently Adopted Expert Testimony Standard

In its first application of the Daubert standard regarding the admissibility of expert testimony, the Maryland Court of Appeals has affirmed that a trial court acted within its discretion to admit a scientist's testimony about the use of photogrammetry to identify a murder suspect's height, despite an unknown degree of uncertainty in the measurements.
7 minute read

New Jersey Law Journal

Peer Review of Scientific Studies: A Critical Review

Examining the methodology of 'peer review' and the need for courts to examine whether an expert's opinion is based upon vetted scientific research.
10 minute read

The Recorder

'I Didn't Want to Be Here': Brian Panish Testifies About Fee Dispute With Michael Avenatti

A star witness in a state court civil trial over an 11-year-old fee dispute, Panish revealed his own dispute over fees with Avenatti while bolstering the defense narrative of his former clients.
8 minute read

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