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New York Law Journal

Lay Opinion in the Context of Medical Malpractice Defense

The neatly divided roles of fact witness, expert witness and finder of fact are understandable in theory, but have not always been easy to apply to the evidence in a given case, as explored by John L.A. Lyddane in his column on Medical Malpractice Defense.
8 minute read

New York Law Journal

Lost Chance as Substantial Factor In Causing Injury: Part 1

In medical malpractice cases, competent poof of a diminished chance for a cure or better outcome or increased injury and pain and suffering may be a substantial factor or proximate cause of injury. Part 1 of this two-part series deals with such evidence as presented in failure to diagnose and treat cancer cases.
13 minute read

New Jersey Law Journal

Production of Mental Health Records for Custody and Parenting Time Evaluations

In custody and parenting time cases, it seems to be standard practice to require production of the parties' mental health records to expert witnesses. That general practice cannot stand.
8 minute read

New York Law Journal

Heroism On The Frontline: Should Jurors Hear About It?

Exploring the extent to which jurors would be allowed to hear testimony from defendant healthcare providers regarding their involvement in the treatment of COVID-19 patients.
8 minute read

New York Law Journal

Calling the Child's Therapist as a Witness in a Custody Case

In high conflict divorces, the child's therapist plays a unique role. While the therapist likely offers an invaluable perspective on the needs and interests of their patient, such perspective may, and often does, conflict with the desired outcome of one party. The matrimonial practitioner must be cognizant of many issues to ensure the best interests of the child.
8 minute read

Law.com

'Troubling Trends' in MDL Rulings Require Changes to Evidence Rules, Letter Says

Judges in dozens of rulings in multidistrict litigation have failed to follow Rule 702 in allowing expert testimony into trials that should not have been admissible, wrote three defense lawyers in a Tuesday letter to the Judicial Conference Advisory Committee on Evidence Rules, which is reviewing possible amendments.
5 minute read

The Legal Intelligencer

Judge Denies J&J's Push to Knock Docs Out of Phila.'s First Talc Trial

Although the consumer products maker argued the doctors used methods that were not generally accepted in the scientific community, the Philadelphia trial judge said that, instead of actually challenging the doctors' methods, J&J's motions simply contested their conclusions, which is a fact-finding issue for juries to decide.
4 minute read

Law.com

Expert Ruling Was 'Tipping Point' for J&J's Talc Withdrawal, Lawyers Say

Johnson & Johnson attributed its decision this week to discontinue sales of talc-based baby powder to COVID-19 and declining demand, but lawyers and law professors point instead to an April 27 ruling allowing plaintiffs' experts to testify in trials.
6 minute read

The Legal Intelligencer

Court Calls for New Med Mal Trial, Reversing Ruling That Expert Testimony Was Insufficient

Providing guidance on the necessary elements of expert testimony in a medical malpractice case, the Pennsylvania Superior Court has reversed a trial judge's grant of nonsuit in favor of a Lancaster County surgeon sued for negligence after one of his patients died of a pulmonary embolism following colon surgery.
3 minute read

New Jersey Law Journal

Judge's Expert Ruling 'Obliterates' J&J's Defense of 'Junk Science' in Talc Trials

On Monday, U.S. District Judge Freda Wolfson, who is overseeing the talcum powder multidistrict litigation against Johnson & Johnson, found that five plaintiffs' experts, two of whom have testified before Congress on talcum powder safety, could appear before juries. The ruling is the first in which a federal judge has ruled on the scientific evidence in talc trials.
5 minute read

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