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Standard for Court-Ordered Forensic Examinations – When Does Misconduct “Cross the Rubicon”?

E-Discovery LLC

A motion for a forensic examination was granted in PlayUp, Inc. While the producing party’s failures were epic, the thoughtful discussion of the governing standard for forensic examinations is important. Mintas moved to compel or for a forensic examination. Mintas later filed a second motion for forensic examination. “In

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

E-Discovery LLC

As a “remedy” for the purported “discovery violation,” the court ruled that it would not admit the photographs into evidence until after the City had the opportunity to cross-examine Mr. Johnson about “the origin” of the photographs. cleaned up).

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Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 1 of 2

E-Discovery LLC

These videos were admitted into evidence without objection and were contained in about 30 video exhibits. He examined 25 to 35 hours of video and found footage depicting the shooting at about 12:17 a.m. That litigation involved a fatal police shooting in which I represented the defendants. at 533-34. “We Waterman v.

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Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation

Jury Analyst

The Impact of Confirmation Bias on Litigation: Confirmation bias can have far-reaching implications throughout the litigation process, affecting both the assessment of evidence and the decision-making of jurors in critical and deleterious ways: Biased processing of evidence and information: This outcome is a central hallmark of confirmation bias.

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Mitigating the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

Questions can be developed based on objective data rather than confirmation bias, and those questions can be used to more accurately identify individuals who exhibit strong biases that could undermine impartiality. The results can also inform oral voir dire strategies.

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Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

Questions can be developed based on objective data rather than confirmation bias, and those questions can be used to more accurately identify individuals who exhibit strong biases that could undermine impartiality. The results can also inform oral voir dire strategies.

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Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

Questions can be developed based on objective data rather than confirmation bias, and those questions can be used to more accurately identify individuals who exhibit strong biases that could undermine impartiality. The results can also inform oral voir dire strategies.