article thumbnail

Judges in Missouri Can Levy Death if Juries Deadlock. Some Say the Law Is Unconstitutional.

The Marshall Project

Supreme Court ruled in Ring v. The decision led the Missouri Supreme Court to overturn several judge-imposed death sentences. In September 2024, public defender Tyler Coyle filed a motion arguing Buchanan’s life sentence was invalid because he had a right to be in court. A judge denied the motion on June 16.

article thumbnail

Defendant’s Prejudice From Plaintiff’s Failure to Disclose Photographs Taken by Defendant Was Insufficient to Support an Exclusionary Discovery Sanction

E-Discovery LLC

It asserted prejudice because it could not call the person who took the photos as a trial witness. The Appellate Court of Maryland affirmed. The court explained: “The photographs themselves are not a surprise. Plaintiff did not produce the photos in discovery; however, plaintiff sought to rely on them at trial.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

CAFC Dismisses USPTO’s Appeal on Expert Witness Fees in Hyatt II Based on Supreme Court NantKwest Analysis

IP Watchdog

Hirshfeld (Hyatt II), the latest in a line of court rulings regarding a series of much maligned patent applications filed by prolific inventor Gil Hyatt with the U.S. Patent and Trademark Office (USPTO) in the 1990s.

article thumbnail

Construction Expert Witness Testimony Not Allowed in Chinese Drywall Litigation

Expert Witness Blog

Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries Facts: This case ( Fozard et al v. The defendants filed a motion to exclude this expert witness testimony.

article thumbnail

ERISA Expert Witness Allowed in Pension Plan Documents Litigation

Expert Witness Blog

Overview: ERISA Expert Witness testimony allowed because the court ruled that the expert was qualified because she is a pensions lawyer who has represented plan sponsors, plan administrators, and service providers. To assist in their case Netflix hired ERISA Expert Witness Marcia S. Facts: This case ( Zavislak v.

article thumbnail

Americans with Disabilities Act (ADA) Expert Witness Not Allowed in Six Flags Discrimination Case

Expert Witness Blog

Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. To assist in their case, the defendant hired Americans with Disabilities Act (ADA) Expert Witness Robert F. Minnick to provide expert witness testimony.

article thumbnail

Be Prepared: 5 Deposition Objections You Must Know Before Stepping into the Courtroom

Lawmatics

Harassment When it's perceived that a witness is being questioned inappropriately or in an offensive/invasive manner by opposing counsel, an objection can be raised to cease that line of questioning. In most cases, asking an off-topic question is a tactic used to shed negative light on a witness's character. Mr Kokoshka: “No.”