E-Discovery LLC

SEPTEMBER 25, 2024

That is a very rigorous process, often necessitating expert testimony. 403 was of no moment because “Rule 26 itself provides that ‘[i]nformation within this scope of discovery need not be admissible in evidence to be discoverable.’” Id. Ordinarily, that can and should be reserved for trial, or by motion in limine.

Discovery 130

Discovery Objections Admissibility Expert Testimony 130

Temple University Beasley School of Law - Advocacy

FEBRUARY 16, 2025

The difference between Pennsylvanias approach to judges and expert gatekeeping and that under the Federal Rules of Evidence is stark. That the language change was not cosmetic is made clear from the Evidence Rules Committees accompanying notes. ” Pa.R.E. But has the change made a difference? ” Larson v.

Expert Testimony 40

Expert Testimony Evidence Admissibility Witnesses 40

IP Watchdog

FEBRUARY 14, 2024

Judge Schall dissented-in-part, explaining that he would not have found the claims indefinite based on the intrinsic evidence. The district court relied on First Financial’s expert testimony to conclude that “transaction partner” was indefinite, after finding that the expert used was a person of ordinary skill in the art (POSA).

Expert Testimony 64

Expert Testimony Construction Evidence Litigation 64

IP Watchdog

JUNE 21, 2022

Senior Circuit Judge Richard Linn authored a dissent arguing that the panel majority had improperly adopted a heightened written description standard and failed to take into account expert testimony from Novartis regarding a negative claim limitation that the district court found was supported by ample evidence.

Expert Testimony 59

Expert Testimony Pharmaceuticals Healthcare Evidence 59

InHouseBlog

NOVEMBER 26, 2022

This finding was met despite Opposer providing expert testimony that related to only 15% of the American population that spoke Spanish or other Romance languages and who are likely to pronounce “SoniStream” as “SonyStream.” What can we learn from this case?

Expert Testimony 81

Expert Testimony Automotive Evidence 81

3 Geeks and a Law Blog

OCTOBER 16, 2023

She founded ClearBrief in 2020 to leverage AI to analyze documents and suggest relevant evidence and citations to streamline drafting. And I love the, you know, all of the thought that goes into writing the brief, and synthesizing your arguments and the evidence. Like we’re I love the strategy. And he believed my client. And we won.

Evidence 110

Evidence Exhibits Litigation Technology 110

CaseFox

NOVEMBER 27, 2023

Defendants deploy a range of strategies, from challenging scientific evidence to asserting assumptions of risk. Scientific Complexity Proving causation often involves navigating complex scientific evidence. Courts must assess the reliability of studies and expert testimony, posing challenges for both sides.

Litigation 52

Litigation Pharmaceuticals Expert Testimony Evidence 52

Jury Analyst

MAY 19, 2023

The judicial system strives to provide fair and impartial trials, relying on jurors to evaluate evidence and make informed decisions. This blog post delves into the influence of media coverage on jurors’ perceptions of evidence and defendants, drawing upon the rich body of research in social psychology.

Jury Selection 40

Jury Selection Jury Instructions Evidence Voir Dire 40

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

1. FIND ANY EVIDENCE OF AN “ERROR OF JUDGMENT” ON THE PART OF DEFENDANT (1) IF SO, EXPLAIN IN DETAIL R. LIMITING AREA OF EXPERT TESTIMONY 1. AREAS WITNESS WILL DEFER TO ANOTHER EXPERT UPON. AREAS IN WHICH HE WILL NOT GIVE AN OPINION, 3.

Depositions 100

Depositions Witnesses Expert Testimony Discovery 100

IP Watchdog

APRIL 4, 2022

On April 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a summary judgment decision by the U.S.

Construction 128

Construction Technology Expert Testimony Evidence 128

Practice of Law

OCTOBER 15, 2024

There, plaintiffs were allowed to present expert testimony on the cancer link. The pharma companies claimed that the testimony lacked scientific validity, and appealed to a higher court to get over 70,000 lawsuits dismissed over bad evidence. This settlement resolves 93% of the cases against GSK.

Manufacturing 40

Manufacturing Pharmaceuticals Expert Testimony Evidence 40

Evidence at Trial

SEPTEMBER 9, 2021

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. And when it comes to expert opinion testimony, there can be even more uncertainty. The Court held that the Frye test was superseded by the adoption of the Federal Rules of Evidence.

Evidence 52

Evidence Expert Testimony Admissibility Cross-Examination 52

Temple University Beasley School of Law - Advocacy

JUNE 2, 2024

But lay witnesses may not cross a line and give testimony that is “based on scientific, technical, or other specialized knowledge within the scope of Rule 702.” That’s for experts, and with expert testimony comes discovery obligations such as reports and CVs. 701 and expert testimony under F.R.E.

Expert Testimony 40

Expert Testimony Witnesses Evidence Cross-Examination 40