Evidence, Jury Trial, Federal Rules of Evidence

Effective Strategies for Daubert and Robinson Challenges

IMS Legal Strategies on 8/14/2025

In high-stakes litigation, expert testimony that cannot withstand a Daubert or Robinson challenge can derail even the most well-prepared case. A failed Daubert or Robinson challenge can leave attorneys without their key...more

Federal Experts Weigh Rule Changes for Deepfake Evidence

Esquire Deposition Solutions, LLC on 6/25/2025

Seeing is believing, and that’s a problem when it comes to deepfake evidence in court. We’ve already remarked on the many instances where careless use of generative artificial intelligence is flooding courthouses with legal...more

Where Appeals Begin

Chartwell Law on 2/27/2025

I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

"If You Most Know, You Know”: Expert Testimony That “Most” Drug Couriers Know They’re Carrying Drugs Allowed to...

Arnall Golden Gregory LLP on 6/27/2024

If you know, you know. The government’s less familiar version — if most know, the defendant knows — just got a boost from the Supreme Court of the United States, which recently held that Federal Rule of Evidence 704(b) did...more

Georgia Appellate Court Signals Adoption of Federal Precedent for State Pattern Jury Instructions

BCLP on 10/30/2023

The Georgia Court of Appeals recently considered a challenge to Georgia’s preponderance-of-the-evidence pattern jury instruction, which is based upon a repealed version of Georgia’s prior evidence code. Reading from the...more

Colorado Supreme Court Oral Argument Held in Case Deciding Whether Courts and Commissions May Overrule Each Other in Eminent...

Faegre Drinker Biddle & Reath LLP on 9/14/2015

In June, the Colorado Supreme Court held oral argument in a case that is set to shape the way condemnation actions will be tried to commissions in the future. In Colorado, a landowner has the right to choose whether a jury or...more