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Law.com

Va. Judge Nixes Defense's Expert Witness, Finding Previous Work With Opposing Counsel Created 'Serious' Conflict of Interest

"The serious nature of the conflict of interest in this case, if unaddressed, would cause irreparable harm to Plaintiff while undermining the fairness and integrity of these proceedings," the court wrote.
6 minute read

Law.com

How Lawyers Are Already Wielding Upcoming Changes to Expert Evidence Rules

At a Sept. 6 status hearing, lawyers on both sides of the talcum powder lawsuits against Johnson & Johnson debated the impact of the upcoming amendments to Federal Rule 702 of Evidence.
6 minute read

Litigation Daily

Penny for Your Thoughts on the Federal Rule Change Regarding Expert Testimony

The amendment to Federal Rule of Evidence 702, which deals with expert witness testimony, is set to take effect on Dec. 1. How do the changes affect you?
4 minute read

New Jersey Law Journal

New Jersey Appellate Division Reverses Trial Court in Talc Litigation Again

On Oct. 3, the New Jersey Appellate Division reversed and remanded plaintiffs' award of $37.3 million in compensatory damages and $186.5 million in punitive damages in a four-plaintiff consolidated trial against Johnson & Johnson/Johnson & Johnson Consumer ("defendants").
7 minute read

Daily Report Online

Using Experts in Arbitration: 3 Strategies to Use—and 3 Mistakes to Avoid

Employing an expert in arbitration can be valuable for clarifying complex issues or strengthening your argument. However, using experts in arbitration does come with risks.
4 minute read

New York Law Journal

Using Professional Ethics to Discredit Opposing Expert Witness Testimony

All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.
10 minute read

Law.com

'I Have to Follow the Law': Judge Abruptly Ends Roundup Trial, Rules for Monsanto

St. Louis County Circuit Court Judge Brian May, on Thursday, granted Monsanto's motion for a directed verdict at the close of evidence presented by the plaintiff, Mark McCostlin.
5 minute read

National Law Journal

10th Circuit: Expert Wrongly Admitted Under Lay Witness Rule Undermines Jury Award

Company's witness based his damages projections on expertise derived as a certified public accountant, appeals court says.
4 minute read

New York Law Journal

Professional Reliability Exception to the Hearsay Rule (Part One)

In the first installment of this two-part Medical Malpractice Defense column, John Lyddane discusses the origin and historical development of the professional reliability exception to the general rule against hearsay. Its application to malpractice defense will be explored in the second installment.
7 minute read

Law.com

Eighth Circuit: Written Expert Report Required Where Treating Physician Did Not Form Opinion About Causation During the Course of Providing Treatment

The Eighth Circuit recently clarified the circumstances in which a treating physician who is offered to provide expert testimony as to the cause of a plaintiff's injury must submit an expert report in accordance with Federal Rule of Civil Procedure 26(a)(2).
6 minute read

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