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The Judge's Factfinding Rule (In Jury Trials)

Evidence at Trial

The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” The preliminary fact is whether the witness is qualified to testify.

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Exposure Lawsuits: Trends, Challenges, Future Implications

CaseFox

Exposure lawsuits, a legal avenue that addresses harm resulting from exposure to hazardous substances or conditions, have witnessed a dynamic evolution over the years. From the traditional focus on environmental and occupational hazards to the exploration of new frontiers in pharmaceuticals and consumer products.

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Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. Equally important is the ability to adjust to the constantly changing landscape of admitted and excluded evidence. If a key piece of evidence is excluded, pivoting to "Plan B" is essential. Last month's Strobel v.

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. Merrell Dow Pharmaceuticals, Inc. They and their parents sued Merrell Dow Pharmaceuticals, Inc. And when it comes to expert opinion testimony, there can be even more uncertainty.

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Pharma Companies Agree to Ulcer-Inducing Settlement Over Zantac

Practice of Law

All of these are major pharmaceutical companies with extensive histories and significant roles in the development, manufacturing, and distribution of medications – and one in particular: ranitidine. But the Delaware judge did not dismiss the suits, ruling that expert witnesses can testify that the drug may cause cancer. state courts.