Experts: When to Hold 'Em, When to Fold 'Em
John C. Cabaniss of Cabaniss Law Office
One of the most difficult tasks litigators face today is deciding when-and when not-to use experts. In deciding w.
The Expansion of the Daubert Expert Evidence Doctrine ContinuesÃÂ
Recent Decisions in Federal and Louisiana Courts
Michael G. Durand of Onebane Law Firm
Few areas of law depend to a greater degree on expert testimony and evidence than litigation involving environmenta.
U.S. Supreme Court Expands Daubert
Teague, Campbell, Dennis & Gorham, L.L.P.
Federal Rule of Evidence 702 reads "if scientific, technical or other specialized knowledge will assist the trier o.
Bad Faith Experts After Kumho
Evan M. Tager,Alan E. Untereiner and Eileen Penner of Mayer Brown LLP
This article reviews the Kumho Tire Co. v. Carmichael's decision which discussed the scope of testimony for bad faith experts in insurance coverage matters. In Kumho, the Supreme Court narrowed the scope of what an expert can testify to during trial.
CAFC: Infringement Not Proven in Marketing Materials
Robert J Ambrogi and IMS Expert Services
Expert testimony based largely on the opponents' marketing and advertising materials provided no proof of infringement of stem-cell patents and should have been excluded from trial, a divided three-judge panel of the Federal Circuit Court of Appeals ruled June 9th. The stem-cell biologist's testimony ? which consisted almost entirely of quotations from the defendants' promotional and investment materials ? was neither appropriate for an expert, nor helpful to the jury, the court concluded in affirming the trial court's post-trial order striking the testimony.
In an Expert, Passion Equals Credibility
Robert J Ambrogi and IMS Expert Services
Credibility is a key attribute in an expert witness, every trial lawyer would agree. But how do you gauge a potential expert's credibility? What attributes provide the best predictors of how the expert will measure up in the eyes of a jury?
In an Expert, Knowledge May Not Equal Power
Robert J Ambrogi and IMS Expert Services
Just because an expert strikes you as the brightest guy on the planet, that doesn't mean he is the best witness for your case, says Roderick B. Williams, an intellectual property partner with Vinson & Elkins in Austin, Texas.
Supreme Court Watch -- Kumho Tire Co., Ltd. V. Carmichael : Bolstering Safeguards against Non-Scientific Experts.
Paul, Hastings, Janofsky & Walker LLP
When the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U..
Supreme Court Rules on Testimony by Experts
Nancy L. Newman of Knapp, Petersen & Clarke
The U. S. Supreme Court recently issued a unanimous ruling in a case which defendants in product liability cases ar.