News & Analysis as of

Discovery Expert Witness Federal Rules of Civil Procedure

Goldberg Segalla

Defendants Win Summary Judgment in Shipyard Case Dueto PlaintiffsFailure to Timely Disclose Experts

Goldberg Segalla on

On September 12, 2023, plaintiffs Monica Kelly-Lewis, Gia Lewis-Grows, and Levar Lewis, successors to the estate of decedent Brouney Lewis, filed this asbestos action in Louisiana State Trial Court in the Parish of Orleans....more

Faegre Drinker Biddle & Reath LLP

To Depose or Not to Depose: When Challenging Opposing Nonretained Experts Becomes Challenging

Federal Rule of Civil Procedure 26(a)(2) requires parties to disclose the opinions of experts who may present evidence at trial. If the disclosures are inadequate, Rule 37(c) requires exclusion of the opinions “unless the...more

Husch Blackwell LLP

A Non-Expert with Expertise: Navigating the Risks and Rewards of Testimony from Highly Sophisticated Professional Employees in...

Husch Blackwell LLP on

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the world of expert discovery?...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

Bradley Arant Boult Cummings LLP

Expert Witness Research Tips - DRI: Raising the Bar

When it comes to expert witnesses, young lawyers can add tremendous value to their team through research into the background of both their own and the opposing party’s experts. This research should be done as early as...more

Latham & Watkins LLP

5 Tips to Avoid the In-House Expert Trap in the Federal Rules of Civil Procedure

Latham & Watkins LLP on

You are defending your client, a company engaged in complex scientific or technical work. As you head to trial, you have a tough decision to make. The client has employees and consultants with the knowledge and expertise to...more

Nexsen Pruet, PLLC

Changes to North Carolina's Rule of Civil Procedure 26(b)(4) Regarding Experts

Nexsen Pruet, PLLC on

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery. Effective Oct. 1, and applying to cases filed on or after...more

Morgan Lewis

Tweaking the “Home Court” Rules for SEC Administrative Proceedings

Morgan Lewis on

SEC proposes modest amendments to AP process to enhance efficiency and address concerns regarding fairness. In an effort to enhance the efficiency of its processes in administrative proceedings (APs) and bolster its...more

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