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Litigation Strategies Admissible Evidence Evidence

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If You’ve Ever Asked Your Paralegal to Screenshot a Facebook Profile... Please Read This

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Most great attorneys didn’t get where they are alone. While the best attorneys are no doubt talented and deserving, most of them become so because they have a strong support network, hard at work in the background. And...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician’s Medical Testimony Be “Lay Opinion”? Divided Sixth Circuit Panel Disagrees on Where to Draw the Line

Federal Rules of Evidence 701 and 702 govern the admissibility of lay and expert opinion testimony, respectively, in federal courts. Rule 701(c) helps paint the line between the two, providing that an opinion “based on...more

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Mitigating Chain of Custody Risks with Digital Evidence

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If you’re an attorney, a paralegal, an investigator, a law enforcement officer, or even if you just watch a lot of legal dramas on television, you’re likely familiar with the term “chain of custody”....more

Esquire Deposition Solutions, LLC

Proposed Changes to Federal Expert Evidence Rule Are Already Having Impact

Significant revisions to the federal rule governing the admissibility of expert evidence will go into effect December 1. The evidence rule changes appear to raise the bar slightly for admission of expert evidence, requiring...more

Sunstein LLP

Watch Me Pull a Customer Out of My Hat: Proving Damages Using Your Customer’s Out-Of-Court Statement

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Hearsay is simple enough to define – it is an out of court statement offered for the truth of the matter asserted. But practicing attorneys know that the definition of hearsay is deceptively complex. Questions like, “what is...more

Farrell Fritz, P.C.

Limits On Motions In Limine: A New Proposal To Amend Commercial Division Rule 27

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An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine.  A new proposal proffered by the Commercial Division Advisory Council (“CDAC”), put out for...more

Conn Kavanaugh

Can a “Benevolent Gesture” become an Admission of Liability?

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One of the golden rules that we are taught as children is to apologize when we have hurt or wronged someone. And while the words “I’m sorry” do not mitigate the actual harm done, we understand that they can go a long way in...more

Esquire Deposition Solutions, LLC

Discovery Depositions and Hearsay Evidence

The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522...more

Proskauer - Minding Your Business

Using Demonstrative Exhibits as Admissible Evidence Under California Law

During trial, lawyers make many strategic decisions to try to appeal to a jury. For example, they consider not only the substance of the evidence they present, but also the emotional impact of that evidence. But the impact...more

Butler Snow LLP

Back to Gumbo Basics: The Least Yall Could Do is Lay the Foundation(s)

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No visit to New Orleans is complete without a bowl of gumbo. There are many preferences, of course, but every great bowl of gumbo has the same foundation. It is of no consequence whether you prefer Dooky Chase’s savory, porky...more

Proskauer - Minding Your Business

New York Broadens the Scope of Admissible Employee Statements

In a seismic change to its evidentiary jurisprudence, New York recently enacted legislation that significantly broadens the admissibility of statements made by a party’s agent or employee....more

Jones Day

Deposition Exhibits Allowed With Sur-Replies (Sometimes)

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Under the Board’s rules, a patent owner gets to have the last word in a PTAB proceeding by filing a sur-reply to the petitioner’s reply.  Sur-replies may only respond to arguments raised in the reply, and the “sur-reply … may...more

Akerman LLP - Health Law Rx

You Can't Always Get What You Want

The Florida Fifth District Court of Appeal harmonized the interpretation of state statutory and constitutional language in the first post Amendment 7 case dealing with access to adverse medical incident reports and their use...more

Jones Day

ITC Excludes Expert Testimony for Violation of Ground Rules

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In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents’ motion in limine to exclude certain testimony of Complainants’ expert. Certain Radio Frequency Microneedle Dermatological Treatment Devices...more

Jones Day

ITC Does Not Strictly Enforce the Daubert Standard for Expert Testimony

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In a recently issued pair of orders, ALJ Lord denied both Respondents’ and Complainants’ motions in limine to exclude certain expert testimony. Certain Radio Frequency Microneedle Dermatological Treatment Devices and...more

K2 Integrity

Tweet, Tweet, Tweet: More Than the Little Twitter Birds Are Reading - The Unintended Consequences of Social Media

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As social media platforms and apps such as Twitter, WhatsApp, Facebook, Instagram, SnapChat, and YouTube become increasingly enmeshed in the fabric of our lives, the unintended consequences of their use cannot be overstated. ...more

Carlton Fields

Supreme Court Of Florida Upholds The Frye Standard

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On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes...more

Troutman Pepper Locke

Pa. Courts Provide New Guidance on Social Media in Litigation

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Two recent decisions in Pennsylvania have contributed to the ever-growing body of law covering social media in litigation, providing new guidance to litigants and attorneys on the discoverability, admissibility and relevance...more

Butler Snow LLP

Using Computer-Generated Animation and Simulation Evidence at Trial: What You Should Know

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The use of computer-generated animations and simulations is on the rise in courtrooms around the country, and for good reason – animations and simulations can greatly increase jurors’ understanding of complex issues, and are...more

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