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Texas Lawyer

Will the Real Expert Please Take the Stand?

Experts come in all shapes and sizes, so try your case with what you have. To preserve error, object.
5 minute read

The Legal Intelligencer

Expert Witnesses in Pa.—What Materials Matter in Forming an Opinion?

Over both of counsel's objections, the judge allowed the witness to continue with his testimony, in accordance with Pennsylvania Rules of Evidence 702 and 703 and the general acceptance test. This scenario raises the question: what materials can an expert witness rely on in Pennsylvania courts, which follows the Frye standard? And has this changed in recent years?
8 minute read

New Jersey Law Journal

Instruction to Trial Courts: Don't Be too Quick to Dismiss a Complaint

COURT WATCH: Trial court's dismissal of complaint, when plaintiff's doctor refused to testify, was too drastic. The time was ripe for the Appellate Division to put experts on notice that the administration of justice requires experts to cooperate with the court and lawyers in the scheduling of trials.
6 minute read

New Jersey Law Journal

Expert Witness Availability: Stop Second Bites at the Apple

The author proposes a rule amendment to preclude a "redo" of expert testimony. Simply stated: If a witness is unavailable, and a de bene esse deposition is completed, that witness cannot become "re-available" to testify live at trial.
8 minute read

New York Law Journal

NY's Top Court Rules Against Teen Brain Development Testimony in Fatal Shooting Case

"Under the particular facts of this case, the trial court did not abuse its discretion in denying defendant's request to permit the proposed expert witness testimony," the memorandum said.
3 minute read

New Jersey Law Journal

NJ Appeals Court Reverses $117M Talc Verdict, Faulting Admission of Two Plaintiffs' Experts

Middlesex County Superior Court Judge Ana Viscomi, who oversaw the 2018 trial, "did not assess the methodology, or the underlying data used by the two experts to form their opinions," according to Wednesday's opinion.
4 minute read

New York Law Journal

Appeals From In Limine Orders: Part II

This second part of a two-part article on the appealability of evidentiary rulings and orders from in limine motions continues with in limine motions to preclude or permit expert witnesses, including preclusion applications grounded on inadequate disclosure.
15 minute read

New York Law Journal

Appeals From In Limine Orders: Part I

The nonappealability of evidentiary rulings and orders from in limine motions, even when made on notice, are exceptions to the general rule regarding appeals as of right as set forth in CPLR 5701(a)(2).
11 minute read

Connecticut Law Tribune

Disqualification Sought for Connecticut Lawyer in Personal Injury Case

The motion for disqualification cites an alleged conflict of interest.
3 minute read

New York Law Journal

Impeachment of Experts by Medical or Scientific Literature

This article will explore the subject matter of impeachment of expert witnesses by the use of medical or scientific literature containing contrary opinions during cross-examination.
17 minute read

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