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Henricksen v. ConocoPhillips Co., 605 F.Supp2d 1142 (E.D. Wash., February 11,...
This is a toxic tort case wherein Plaintiff’s experts were excluded under Daubert principles and Defendant’s summary judgment motions for general and specific causation were granted. The opinion by...
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New Amendment To Rule 26 Concerning Expert Disclosures
Editor's note: Previously posted at Jim Beck's blogsite, http://druganddevicelaw.blogspot.com.New Amendment To Rule 26 Concerning Expert DisclosuresIf you're involved in drug and device (or any)...
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Tape or Type: Video Recorders versus Court Reporters
These days, many depositions are videotaped. If a deposition is being videotaped, is there still a need for a court reporter? Is a stenographic (“hard copy”) transcript necessary? This issue is...
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The Reference Manual on Scientific Evidence: Third Edition: Good Grief!
(originally posted on www.masstortsstateoftheart.com on October 4, 2011)Well, the Reference Manual on Scientific Evidence: Third Edition is out. And the fix is in.Think we exaggerate? How about this...
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An Expert's File
Assume everything you write or e-mail an expert will be discoverable. Even if you can somehow keep it from being discovered, you will probably spend your time and the client’s money to keep it...
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Taking a Page out of Jamie Oliver’s Food Revolution
Jamie Oliver, a chef and a child advocate focused on ensuring kids receive proper nutrition through their school lunch programs as well as at home, has a television show, Jamie Oliver’s Food...
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Jelly Defense Strategy May Do More Harm Than Good
Law.com has an interesting blog post about a recent defense tactic in the case of an alleged “mouse in a can of soda,” you can find the article here. Basically, the defendant is taking a scientific...
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Capsized Costa Crocier Italian Cruise Ship - Forum Selection Issues
The U.S. Supreme Court in Shute v. Carnival Cruise Lines, 499 U.S. 585 (1991) held the Shutes, who were injured on a Carnival Cruise ship in waters off Mexico, must file suit in Florida pursuant to the...
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Unveiling the Medical Records Plaintiff Does Not Want You to Find
It is not surprising that plaintiffs claiming to be injured in auto accidents are often evasive about their prior medical history and treaters. In an article published by the American Medical...
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The Importance of Demonstrative Exhibits
Demonstrative exhibits are an integral part of any trial presentation. They are the tools that help us educate the jury about products, teach them about complex technical issues and understand the...
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Professionals Sued For Expert Witness Work: When Does Witness Immunity Apply?
In addition to their work for their own clients in their own areas of expertise, some professionals also serve as expert witnesses in litigation. They employ their knowledge and experience in their...
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California Supreme Court Rules Witness Statements Procured by Attorney...
On June 25, 2012, the California Supreme Court set forth new rules regarding the discoverability of witness statements in Coito v. Superior Court of Stanislaus County, No. S181712 (Cal. 2012). The...
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As Rocky Marciano Reminds Us–The Government-Informant Privilege Applies in...
What does Rocky Mariciano, one of the greatest heavyweight boxers of all time, have to do with evidentiary privileges? Plenty, as it turns out, for it was a libel case arising from Mariciano’s comments...
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Excluding Prejudicial Demonstrative Exhibits At Trial
Rule 403 of the Federal Rules of Evidence governs the admissibility of demonstrative evidence at trial, assuming that evidence is determined to be relevant under Rule 401. Pursuant to Rule 403, a...
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Tips for Protecting Attorney-Witness Conferences During Deposition Breaks
It is a deposition question that too often surprises lawyers and corporate-witness deponents. Upon return from a water or lunch recess, the deposing lawyer asks the witness: “So, tell me what you and...
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