Civil Litigation Brief

JULY 29, 2024

On the rare occasions we look at procedure in jurisdictions outside England and Wales it is often in relation to expert evidence. Other jurisdictions have similar issues in relation to experts, particularly argumentative experts. An example can be seen in.

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Evidence Education Witnesses 75

Civil Litigation Brief

JULY 18, 2024

She rejected the second defendant’s evidence based on. In Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) HHJ Carmel Wall (sitting as a High Court Judge) found that annotations made to medical records were not, in fact, contemporaneous.

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Civil Litigation Brief

JUNE 20, 2024

“WITNESS STATEMENTS ARE FOR FACTS: KNOWING THE DIFFERENCE BETWEEN EVIDENCE AND SUBMISSIONS (AND WHY IT MATTERS)” It is very interesting to. As part of the 11th anniversary process I am looking at a blog that was written in June 2014.

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Evidence Witnesses 119

Civil Litigation Brief

JULY 17, 2024

In Tanfield & Anor v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch) ICC Judge Barber allowed a respondent’s application for relief from sanctions when witness evidence was served late. The Denton test was considered and, although the respondent could not.

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E-Discovery LLC

AUGUST 12, 2024

The July 2024 “Notice of Proposed Rules Changes” of the Maryland Standing Committee on Rules of Practice and Procedure – – 223rdreport.pdf (mdcourts.gov) – – proposes rules that address the issue of how “digital media” – – a term of art – – is placed in the record, both in open court and in pleadings (..)

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Evidence Pleadings Exhibits 130

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

By John Patzakis The Best Evidence Rule, as codified in Federal Rule of Evidence 1002, provides that an original writing, recording, or photograph is required to prove the contents of the document. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

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Evidence Jury Instructions Discovery Affidavits 52

Practice of Law

JULY 18, 2024

But on Thursday, the defense attorneys told the judge that the prosecutors had received evidence that could help answer this question. Specifically, that evidence would allegedly call into question the prosecution’s theory that Gutierrez-Reed had brought the ammo onto the film set. She found that they looked comparable.

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Evidence 75

Civil Litigation Brief

AUGUST 22, 2024

Anyone involved in civil litigation will spend a great deal of their time reading witness “evidence” which, in reality, is no such thing. Witness statements tend to be seen as an opportunity to put forward opinions, submissions and innuendo.

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Witnesses Evidence Litigation 97

IP Watchdog

OCTOBER 31, 2023

Longhorn Vaccines & Diagnostics, LLC and any interested amici to weigh in on the appropriate sanctions remedy when a party withholds evidence in an America Invents Act (AIA) proceeding.

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Evidence 110

Civil Litigation Brief

AUGUST 16, 2024

In Gadsby v Hayes [2024] EWHC 2142 (KB) Ms Clare Ambrose (sitting as a Deputy High Court Judge) considered the evidence of witnesses in a case where the accident had happened ten years previously. The accounts given near the time.

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IP Watchdog

NOVEMBER 6, 2023

The Federal Circuit remanded the case for further consideration of extrinsic evidence from chemistry textbooks to determine the proper meaning of the claim term “a pH of 13 or higher.” Mylan Pharmaceuticals Inc. vacating an infringement judgment against Mylan in the Northern District of West Virginia.

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Evidence Pharmaceuticals Construction Litigation 105

The Cloud Court Blog

APRIL 2, 2024

The reference model is called the Testimony Evidence Reference Model or TERM. Legal proceedings hinge on two types of evidence: documentary and testimonial. While eDiscovery tools have revolutionized documentary evidence management, testimonial evidence still lacks a structured framework. That's where TERM comes in.

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Discovery Advocate

MARCH 5, 2023

This policy effectively applies to every business that could conceivably face DOJ inquiry and evidences the DOJ’s growing frustration with its inability to obtain relevant texts and instant messages from target subjects, especially when these communications are occurring outside employer-provided communication platforms.

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Evidence 130

Civil Litigation Brief

SEPTEMBER 6, 2024

In IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) Chief Master Shuman dismissed the claimant’s application to rely on expert evidence. It was held that the application was made too late and, in any event, not.

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Evidence Litigation Witnesses 52

Evidence at Trial

APRIL 26, 2023

What Social Media Evidence? Starting with the obvious, information on social media certainly is evidence. In California, evidence is comprehensively defined to include "testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact." ” Cal.

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Evidence Admissibility Witnesses Chain Of Custody 52

IP Watchdog

JUNE 28, 2023

But the available evidence does not support the Complaint’s contention that Judge Newman’s performance has adversely changed in any statistically-significant way compared to that of her colleagues on the court.

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Evidence Litigation 111

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

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Evidence Admissibility Objections Pleadings 40

Civil Litigation Brief

SEPTEMBER 25, 2024

We are also returning to the question of expert evidence. We are returning once again to the judgment of HHJ Melissa Clarke (sitting as a judge of the High Court) in Wilson v Ministry of Justice [2024] EWHC 2389 (KB).We

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Evidence Witnesses 59

Civil Litigation Brief

AUGUST 13, 2024

The primary ground for this was that there was insufficient evidence before the court to. In XS1 (A Child) v West Hertfordshire Hospitals NHS Trust [2024] EWHC 1865 (KB) Master Stevens adjourned a claimant’s application for a substantial interim payment.

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Evidence 52

IP Watchdog

OCTOBER 18, 2022

Other robust evidence shows that current Section 101 law has harmed innovation by removing the incentives to develop and commercialize particular inventions of public importance. innovation ecosystem.

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Evidence Litigation Technology 74

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 21, 2023

By John Patzakis As we have mentioned many times, nearly every litigation matter involves social media evidence. If your case does not feature such important evidence, it is likely because you are not looking for it. Similarly, you have put some effort to tune into the torrential rivers of social media evidence.

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Evidence Litigation Discovery Technology 52

Temple University Beasley School of Law - Advocacy

NOVEMBER 9, 2023

Mistek et al, , Toward Locard’s Exchange Principle: Recent Developments in Forensic Trace Evidence Analysis, [link] (last visited July 17, 2023). The post TOOLMARK EVIDENCE: CAN’T LIVE WITH IT, CAN’T… appeared first on Advocacy and Evidence Resources. And beliefs should not be the basis for a criminal prosecution.

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Evidence Admissibility Manufacturing Litigation 40

Evidence at Trial

DECEMBER 17, 2021

California's secondary evidence rule (Cal. Code §§ 1521 - 1523) provides a commonsense approach that begins with a simple general rule: "The content of a writing may be proved by otherwise admissible secondary evidence." Even simpler, the secondary evidence rule cannot be used as an end-run around the rules of evidence.

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Evidence Arbitration Affidavits Admissibility 52

E-Discovery LLC

AUGUST 23, 2024

22, 2024), my friend Paul Sandler wrote: “It can be said that direct and cross-examination are the central features of the trial, and essential to examinations are the exhibits sought to be introduced in evidence.” In Authentication is key to direct and cross-examination (thedailyrecord.com) (Aug.

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Cross-Examination Exhibits Evidence Discovery 130

Civil Litigation Brief

JUNE 25, 2024

Looking back at previous posts there are, numerous, indeed hundreds, where the courts have considered the role of experts. The cases that appear on this blog tend to be where judges have found the experts wanting. It almost feels unfair.

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IP Watchdog

MAY 17, 2022

Webb Professor of Law at the University of Southern California’s Gould School of Law, was submitted to the European Commission as a response to the EU governing body’s call for evidence on standard-essential patents.

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Evidence Technology Litigation 98

The Barrister

NOVEMBER 26, 2022

The average trial lawyer will deal with evidence. As sure as the sun will rise, water is wet, evidence will play an issue at least once in every trial lawyer’s life. After all, evidence is a brutal subject in law school. South Carolina Bar Law students can access South Carolina Evidence Handbook Annotated by two methods.

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Evidence Precedent Case Law 52

E-Discovery LLC

JUNE 5, 2024

While there were many issues on appeal, one was whether evidence of her internet searches related to termination of a pregnancy was properly admitted on the facts presented. The decision to admit that evidence was affirmed by the intermediate appellate court. See Case No. The facts were awful. Akers was pregnant. On appeal, Ms.

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Admissibility Evidence Voir Dire Objections 130

The TechnoCat eDiscovery Blog

MARCH 3, 2021

New to the legal technology space or a battle hardened eDiscovery expert? The TechnoCat eDiscovery Blog is your go to resource for all things eDiscovery!

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Evidence Technology 130

E-Discovery LLC

AUGUST 29, 2024

The Covington Court then held that dismissal was not appropriate: Even if Plaintiff breached his duty to preserve evidence, Defendants have not demonstrated that Plaintiff did so with a culpable state of mind. Consequently, Defendants’ motion to dismiss based on fraud or spoliation of evidence will be denied. citations omitted).

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Evidence Discovery Litigation 130

E-Discovery LLC

SEPTEMBER 1, 2024

499 (2024), addressed introduction of a “composite” video as summary evidence and the use of police officers’ testimony describing it. The Appeals Court explained that a witness may offer narrative testimony but cannot “interpret” audio or video evidence because interpretation would invade the province of the jury. State , 261 Md.

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Admissibility Witnesses Evidence Exhibits 130

Civil Litigation Brief

OCTOBER 15, 2024

We have considered the dangers of attempting to use artificial intelligence in litigation before. The use of artificial intelligence in an expert report was considered b Schopf.S in the Surrogate’s Court, Saratoga County, in the “Matter of Weber” “The mere.

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Evidence Litigation Witnesses 52

E-Discovery LLC

SEPTEMBER 10, 2024

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

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Evidence Witnesses Discovery Litigation 130

Civil Litigation Brief

JUNE 23, 2024

In D and A (Fact-Finding : Research Literature) [2024] EWCA Civ 663 the Court of Appeal set out a clear warning about the dangers of trial judges analysing research literature in detail. The literature should be read through the prism.

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Evidence Witnesses 81

IP Watchdog

JULY 29, 2021

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Advocates have taken advantage of the vacuum left after U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.

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Evidence 144

IP Watchdog

AUGUST 13, 2021

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Chief Judge Moore writing for the court, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision, stating the PTAB erred in construing the claims of Magseis’ U.S. RE45,268 (’268 patent). Seabed Geosolutions (US) Inc. Magseis FF LLC.

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Evidence Construction Litigation 122

IP Watchdog

JANUARY 19, 2023

Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) today jointly held an all-day listening session featuring speakers from patient advocacy and industry groups, academia, and brand and generic pharmaceutical companies who weighed in on the relationship between patents and affordable access to medicines.

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