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New York Law Journal

'Williams' Tackles 'Frye' and Scientific Evidence

The court in 'Williams' denied the defense's request for a 'Frye' hearing on LCN DNA testing.
12 minute read

The Legal Intelligencer

Defense Counsel's Comment to Witness Means New Med Mal Trial for Ex-NFL Player

"'Five thousand. Five thousand of those radiologists and [the plaintiff] couldn't find one of them to come into this courtroom to support [his fact witness] did you know that?'" defense counsel asked the defendant's musculoskeletal radiology expert on the witness stand.
3 minute read

The Legal Intelligencer

New Murder Trial Granted Over Lawyer's Failure to Challenge Faulty DNA Theory

"The record demonstrates that no scientific method exists for dating DNA deposits, and that Dr. Wecht's methodology is not generally accepted in the forensic pathology field," the Superior Court said. "We conclude trial counsel had no reasonable basis for failing to seek preclusion of Dr. Wecht's testimony under Frye, and the admission of his testimony caused substantial prejudice to appellant."
3 minute read

New York Law Journal

Turning a Defendant Into an Expert

Andrew Lavoott Bluestone looks at issues arising at depositions of a defendant professional, limiting the discussion to attorneys in this setting.
12 minute read

New Jersey Law Journal

How a 3rd-Party Doctor Can Be Held in Med Mal Cases in NJ

The Supreme Court's ruling comes in a lawsuit against Quest Diagnostics and a doctor for allegedly failing to detect cervical cancer.
3 minute read

New York Law Journal

Digging Deep: Practical Tips To 'Bury' an Expert Witness on Cross-Examination

This list will serve as a practical starting point to begin developing creative points for an effective cross-examination of the other side's expert.
6 minute read

Daily Business Review

'Daubert' Six Months Later—The Sky Is Not Falling

On May 23, 2019, the Florida Supreme Court, after a change in its membership, sua sponte, reversed itself and adopted the Daubert standard. Six months later, the fears of Daubert opponents have so far proven to not be true.
5 minute read

New York Law Journal

Reading Back Expert Testimony: Is It Time To Go to the Videotape?

The jury should have the option of seeing the actual testimony as they had it during the trial.
8 minute read

New York Law Journal

Avoiding Other Potential Pitfalls in Arbitration Expert Discovery

Relying on assumptions about how things are usually done, or how the arbitrator(s) will eventually decide they ought to be done, can result in very unpleasant surprises.
7 minute read

New York Law Journal

Whimsical Reflections From Expert Witness 'Rocking Chairs': Part 4

This essay is a "step back" from the author's tenure in different roles at the Court of Appeals spanning the last quarter of the last century. The reminiscences recounted here, however, are from his more recent endeavors as a witness in various cases.
11 minute read

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