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Expert Witness Cross Examination

Nossaman LLP

[Event] 2025 Southern California Eminent Domain Seminar - April 15th, Costa Mesa, CA

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Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th. These complimentary...more

Nossaman LLP

[Event] 2025 Northern California Eminent Domain Seminar - April 8th, Berkeley, CA

Nossaman LLP on

Join us in April for Nossaman's Eminent Domain Seminars! We will be hosting our Northern California seminar in Berkeley on April 8th and our Southern California seminar in Costa Mesa on April 15th. These complimentary...more

Holland & Knight LLP

Podcast - Direct Examination of Expert Witnesses

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small reviews how the effectiveness of expert witness testimony can influence case outcomes. He outlines four critical components...more

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

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As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

Holland & Hart - Your Trial Message

Witnesses: Be Tough to Cross

Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted directly against the other, jurors will sit forward...more

Fox Rothschild LLP

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

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The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

Marshall Dennehey

Neurosurgeon’s Expert Opinions in Trial Against a Certified Registered Nurse Anesthetist Were Admissible as Plaintiff Opened the...

Marshall Dennehey on

Waechter v. Laser Spine Institute, LLC, 8th Dist. Cuyahoga No. 112022, 2023-Ohio-3715 - The plaintiff brought an action against a certified registered nurse  anesthetist (CRNA), alleging she was negligent in hyperextending...more

EDRM - Electronic Discovery Reference Model

Being the Better Expert Witness

[Editor’s Note: This article was first published on September 7, 2023. EDRM is grateful to Craig Ball for permission to republish. EDRM is proud to publish Craig Ball’s advocacy and analysis. The opinions and positions are...more

IMS Legal Strategies

Chemical Engineering Expert Witness Experience & Discovery – Episode 48

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Chemical engineering expert and IMS Elite Expert Terry Livingston discusses the role of an expert witness and the advantages of working with experts early in discovery. Listen, watch, and/or read the transcript below. (Part 1...more

Esquire Deposition Solutions, LLC

Deposition Testimony Fell Short of Proving Fraud Against Insurer

A prior blog post discussing effective cross-examination of expert witnesses during a deposition noted that litigators have an important decision to make when favorable, but unexpected, testimony is extracted from a...more

Esquire Deposition Solutions, LLC

Deposition Cross-Examination of Expert Leads Court to Dismiss Malpractice Claim

We recently wrote on strategies for effectively cross-examining expert witnesses, noting that litigators can make good use of deposition time by exploring in detail the facts supporting the expert’s opinion. While it is...more

Esquire Deposition Solutions, LLC

Effective Cross-Examination of Experts During Deposition

Although it’s undoubtedly true that patent litigators have deep expertise in their corner of the scientific world and Texas oil attorneys could teach a college geology class, the fact remains that most litigators do not share...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Licenses and the Law Series, Part VIII: The Hearing - Part II

In our last article, we explained the first part of the hearing: the case against you. Now, we discuss the second part of the hearing: your defense. After the Attorney General presents his case, you have the opportunity...more

Ward and Smith, P.A.

Stay in Your Lane: Defining the Scope of an IPR Deposition

Ward and Smith, P.A. on

The regulations governing discovery in an inter partes review ("IPR") proceeding do not provide for the same methods of discovery available in a patent infringement lawsuit. As such, when opportunities for discovery...more

Mintz - Intellectual Property Viewpoints

Patent Owner Tip #2 for Surviving An Instituted IPR: Don’t Swing for the Fences in IPR Depositions

As discussed in our previous post, one of the most critical tasks for Patent Owners during the Inter Partes Reviews (“IPR”) discovery period is deposing the Petitioner’s expert. Since IPR depositions are treated differently...more

Butler Snow LLP

Solving the Problem of Daubert’s “Shaky but Admissible Evidence”: An Amendment to Federal Rule of Evidence 702 May Be Forthcoming

Butler Snow LLP on

In the face of extraordinary challenges, 2020 has yielded profound developments within the scientific community: from the accelerated development and approval of highly effective and safe vaccines normally years in the making...more

Smart & Biggar

Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings

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In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff, Flatwork Technologies, LLC (Flatwork), in respect of its patent impeachment...more

Hinshaw & Culbertson - Health Care

Defendant Physician can be Cross-Examined With His Disclosure and ACR Guidelines: Hinshaw's Annual Guide to Key Illinois Medical...

Can the trial court properly bar plaintiff from introducing defendant radiologist's Rule 213(f)(iii) disclosure as an admission against interest, or questioning him about the American College of Radiology (ACR) practice...more

Smart & Biggar

Effectively using experts in IP Litigation – Part 2: Practise

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In intellectual property litigation, the outcome of many high stakes cases has turned on expert testimony. It is therefore important for a litigator to spend time and effort to properly identify, select, and prepare the...more

Fox Rothschild LLP

Even At A Default Hearing, An Expert Report Is Inadmissable Hearsay If The Expert Doesn’t Testify

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Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc. Sometimes, that even happens at a default or other...more

Womble Bond Dickinson

Science Should Lead the Law: Amending FRE 702 to Let Science Guide Legal Outcomes

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The Advisory Committee on Evidence Rules will continue this fall its ongoing discussions on amendments to Federal Rule of Evidence (FRE) 702. The two possible amendments being considered for FRE 702 include...more

Goodwin

ITC 337 Quarterly Insider Q2 2020

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Goodwin’s 337 Quarterly Insider remains the premiere publicly available source for keeping up to date on all meaningful decisions coming out of the Commission. Please find below Goodwin’s insights on the months of April, May,...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVC Files Reply to Broad Opposition to CVC's Motion to Exclude Broad Evidence

On April 17th, CVC filed its Reply to Broad's Opposition (filed on April 9th) to CVC's Miscellaneous Motion No. 2 to Exclude Evidence filed (on April 2nd), in Interference No 106,155 between Senior Party The Broad Institute,...more

Sands Anderson PC

Affirmed: Think Twice Before Retaining An Expert Who Has Been Subject To Disciplinary Proceedings

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If you decide to retain an expert with a past disciplinary history, be prepared for that information to be used at trial to attack your expert’s credibility! In Gross v. Stuart the Supreme Court of Virginia held that it was...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Orders Production of Raw Data and Instructions Underlying Test Results

The Patent Trial and Appeal Board (PTAB) recently issued an Order that illustrates the circumstances in which a party may obtain additional discovery in an inter partes review (IPR). In Apple Inc. v. Singapore Asahi Chemical...more

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