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New Jersey Law Journal

Must the Government Ensure Defendants Equal Access to Overseas Evidence?

"Courts have typically declined to force the government to use the MLAT process for defendants' benefit," write Joshua M. Robbins and Ross Garrett of Buchalter.
9 minute read

The Recorder

Exploring the Contours of Expert Testimony Regarding Child Sexual Abuse Accommodation Syndrome

"The presentation of expert mental health information to the court is essential, but such evidence ... is likely to draw objections," according to Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel.
9 minute read

Delaware Business Court Insider

'Just a Bunch of Zeroes and Ones': Crypto Valuation Sets Up 'Battle of Experts' in FTX Bankruptcy

"The difficulty with valuing crypto assets as opposed to other assets is they have no inherent value," a bankruptcy judge observed.
4 minute read

The Legal Intelligencer

Has the Criminal Court [Defense] Expert Door Opened a Little?

An expert with knowledge that jurors don't have should be permitted to testify when that knowledge will inform the decisionmaker and meets the basic relevance threshold.
5 minute read

Texas Lawyer

New Rule 702 Raises Hurdles for Experts in Federal Court

"An amendment to Federal Rule of Evidence 702 no doubt will raise the hurdles to be cleared by experts in the eyes of some federal judges, but the Committee Note accompanying the amendment should provide some comfort to the proponents of expert testimony," according to Quentin Brogdon of Crain Brogdon.
7 minute read

New York Law Journal

Understanding Rule 702 and the 'Daubert' Standard; Related Updates in the Tylenol and Paraquat MDLs

This article discusses how, for multidistrict litigation (MDL) to move forward to trials, we must understand 'Daubert', Rule 702 and the role of the judge in determining the admissibility of expert testimony. It goes on to highlight recent updates in related Tylenol and Paraquat MDL cases.
6 minute read

Daily Report Online

How Plaintiff's Attorneys Secured a $10M Settlement in DeKalb County Auto Tort

Raising the stakes, counsel for the excess insurance carrier was hired to sit on the trial where tensions were running high.
4 minute read

New Jersey Law Journal

'Abusive Discovery Tactics'? Talc Plaintiffs Attack New J&J Subpoenas

Johnson & Johnson subpoenaed records concerning plaintiffs' expert Dr. Jacqueline Moline and a partnership involving attorney Andy Birchfield and one of its former lawyers.
5 minute read

New York Law Journal

'Diaz': SCOTUS to Consider Expert Law Enforcement Testimony

In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
12 minute read

New Jersey Law Journal

NJ Supreme Court Lowers the Reliability of 'DRE' Protocol, Harming Minorities

In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
4 minute read

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