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Law.com

'This Is Fraud': Plaintiff Wins Key Ruling Over Expert's Talc Report, Files Sanctions

U.S. Magistrate Judge Valerie Figueredo, in New York, denied a demand from defendants to disclose of 33 individuals in plaintiff's expert Dr. Jacqueline Moline's 2019 report, used in talc cases nationwide to link cosmetic talc to mesothelioma.
5 minute read

New York Law Journal

Herrick Sued by Real Estate Investor for More Than $1 Billion Over Alleged Legal Malpractice

The complaint claims Herrick knowingly disregarded discovery deadlines and then lied to a judge about it.
4 minute read

Litigation Daily

Litigator of the Week: A Pair of Big Wins for Motorola and Cellphone Makers in Brain Cancer Cases

Terry Dee of Winston & Strawn had a leading role for Motorola Mobility and its cellphone maker codefendants in a pair of wins last week—one in D.C. Superior Court and another in federal court in Louisiana.
11 minute read

National Law Journal

Defense Attorneys Group Urges New Trial for Elizabeth Holmes

Prosecution violated procedural rules governing expert testimony in science-heavy case, says National Association of Criminal Defense Lawyers.
3 minute read

Litigation Daily

How AI and Machine Learning Are Impacting the Litigation Landscape

Mike DeCesaris and Sachin Sancheti of Cornerstone Research detail how expert witnesses are incorporating artificial intelligence and machine learning into their testimony in a variety of civil cases.
7 minute read

Law.com

Johnson & Johnson Unit Accuses Leading Plaintiffs' Talc Expert of Fraud

In a Dec. 16 complaint, Johnson & Johnson subsidiary LTL Management claimed Dr. Jacqueline Moline falsified a 2019 article on which plaintiffs lawyers relied in cases linking mesothelioma to its baby powder.
6 minute read

New York Law Journal

Are Expert Reports Admissible Evidence or Inadmissible Hearsay?

One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ways on this issue.
8 minute read

New York Law Journal

Admissibility and Discovery of an Expert's Compensation History

The Court of Appeals needs to resolve the Appellate Division split and provide guidance as to the extent of permissible discovery, if any at all. The court would do no wrong to follow 'Loiselle' and 'Beaudette'.
13 minute read

New York Law Journal

Summary Witnesses and Due Process

Federal courts must start enforcing the language of FRE 1006 and permit parties only to use charts to summarize evidence as aides rather than elicit testimony from live witnesses that merely recite the selected portions on the prepared demonstrative exhibit.
4 minute read

Law.com

Federal Judge Tosses Plaintiffs Experts, Eliminating Thousands of Zantac Lawsuits

U.S. District Judge Robin Rosenberg ruled that plaintiffs' experts in the Zantac multidistrict litigation had "unreliable methodologies" and "analytical leaps" from existing data.
4 minute read

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