Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

Expert testimony: An accountant or financial analyst can provide an objective assessment of your losses. Thus, you must gather key evidence, such as: Financial records: Balance sheets and income statements can show the decline in business performance after the alleged malpractice took place.

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Evidence Expert Testimony Objections Litigation 97

E-Discovery LLC

JANUARY 28, 2025

July 22, 2019)(Courts have required that a movant make at least some effort, for example, by way of expert testimony or an affidavit, to show that this intrusive means of discovery is likely to yield the results sought.). UPS Ground Freight, Inc., 17-cv-30162-MGM, 2019 WL 3290346, 2019 U.S. LEXIS 121277, at *11 (D.

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Discovery Expert Testimony Affidavits Evidence 130

E-Discovery LLC

DECEMBER 17, 2024

26(a)(2) governs discovery of expert testimony. For a testifying expert, one disclosable matter is the basis, facts, and data considered by the expert in forming an opinion. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc. Plaintiffs offered half a loaf.

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Discovery Depositions Trial Preparation Expert Testimony 130

Expert Witness Blog

MARCH 19, 2025

Supreme Court addressed the admissibility of expert testimony concerning a defendant’s mental state in criminal proceedings. While the case did not specifically involve a Visibility Expert Witness , it has significant implications for the scope of expert testimony in criminal trials. . _ (2024), the U.S.

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Witnesses Expert Testimony Admissibility 52

IP Watchdog

SEPTEMBER 8, 2024

The Federal Circuit found that the Middle District of Florida erred in its application of collateral estoppel and abused its discretion in excluding expert testimony on validity offered by ParkerVision as unreliable, leading the appellate court to vacate the district court’s summary judgment ruling and remand for further proceedings.

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Expert Testimony Litigation 59

Expert Witness Blog

MARCH 22, 2025

July 12, 2019), the United States District Court for the District of New Mexico addressed the admissibility of expert testimony from a Weather & Meteorology Expert Witness in a contractual dispute involving the alleged destruction of hay by lightning-induced fire. In the case of Philmar Dairy, LLC et al. Continue reading

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Witnesses Expert Testimony Admissibility 52

IP Watchdog

OCTOBER 8, 2023

The Federal Circuit judicial panel hearing the appeal drilled down on the sufficiency of VLSI’s expert testimony for establishing infringement under the doctrine of equivalents, as well as damages calculations that arguably relied upon data from non-infringing features of the accused technology.

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Expert Testimony Technology Litigation 64

IP Watchdog

FEBRUARY 3, 2022

For a long time, the courts in England have been a forum of choice for the resolution of disputes between international parties, with the promise of an experienced judiciary and a cost-efficient approach to discovery and expert testimony.

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Cross-Examination Expert Testimony Discovery Litigation 69

E-Discovery LLC

MAY 27, 2025

As relief, appellees asked the court to preclude appellant from either (1) introducing into evidence at … trial … any evidence of [appellees] alleged liability or [appellant’s] claimed damages or (2) relying on any expert testimony or opinions[.] Appellees then moved for summary judgment.

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Discovery Interrogatories Witnesses Evidence 130

IP Watchdog

FEBRUARY 14, 2024

The district court relied on First Financial’s expert testimony to conclude that “transaction partner” was indefinite, after finding that the expert used was a person of ordinary skill in the art (POSA). District Court for the Northern District of Illinois, alleging infringement of certain claims.

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Expert Testimony Construction Evidence Litigation 64

E-Discovery LLC

SEPTEMBER 25, 2024

That is a very rigorous process, often necessitating expert testimony. In the District of Maryland: “Unlike some other courts … this Court does not impose on the requesting party the burden of establishing the substantial similarity of the requested incidents and lawsuits subject at the discovery stage of the litigation.

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Discovery Objections Admissibility Expert Testimony 130

Expert Witness Blog

FEBRUARY 17, 2025

1997), the Missouri Court of Appeals addressed the admissibility of expert testimony concerning lighting conditions in a premises liability lawsuit. The involvement of a Lighting & Illumination Expert Witness was central to the court’s analysis. In the case of Bray v. Bi-State Development Corporation , 949 S.W.2d

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Witnesses Expert Testimony Admissibility 52

Expert Witness Blog

FEBRUARY 20, 2025

His legal team engaged Dr. Sue Kaney, a consultant clinical psychologist, to provide expert testimony supporting his claim of post-traumatic stress disorder (PTSD). Initially, Dr. Kaney’s assessment aligned with Jones’s assertions. Continue reading

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Witnesses Expert Testimony 52

IP Watchdog

JUNE 21, 2022

Senior Circuit Judge Richard Linn authored a dissent arguing that the panel majority had improperly adopted a heightened written description standard and failed to take into account expert testimony from Novartis regarding a negative claim limitation that the district court found was supported by ample evidence.

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Expert Testimony Pharmaceuticals Healthcare Evidence 59

Expert Witness Blog

MARCH 16, 2025

2023), the Louisiana Court of Appeal addressed the critical role of expert testimony in a vehicular accident involving a passenger car and a commercial truck. The involvement of a Traffic/Highway Safety Expert Witness was central to the court’s analysis. In the case of Mace v. AAA Cooper Transportation , No. 23-2341 (La.

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Witnesses Expert Testimony 52

Expert Witness Blog

MARCH 10, 2025

2024), the United States District Court for the Southern District of Illinois addressed the admissibility of expert testimony in a multidistrict litigation (MDL) concerning allegations that exposure to the herbicide paraquat caused plaintiffs to develop Parkinson’s disease.

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Witnesses Expert Testimony Admissibility Manufacturing 52

Expert Witness Blog

FEBRUARY 23, 2025

2022), the United States District Court for the Eastern District of Pennsylvania addressed critical issues concerning product liability and the admissibility of expert testimony in a lawsuit stemming from a scaffold-related injury. The involvement of a Ladders & Scaffolds Expert Witness was central to the court’s analysis.

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Witnesses Expert Testimony Admissibility Manufacturing 52

Expert Witness Blog

FEBRUARY 14, 2025

May 25, 2022), the Tennessee Court of Appeals examined the admissibility and impact of expert testimony in a premises liability lawsuit. The involvement of a Human Factors Expert Witness was central to the court’s analysis. In the case of Ruth Mitchell v. City of Franklin, Tennessee , No. M2021-00877-COA-R3-CV (Tenn.

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Witnesses Expert Testimony Admissibility 52

Expert Witness Blog

MARCH 1, 2025

2023), the United States District Court for the Eastern District of Kentucky addressed the admissibility of expert testimony in a lawsuit concerning environmental contamination allegedly resulting from mining activities. The involvement of a Mining Expert Witness was central to the court’s analysis. 5:22-231-DCR (E.D.

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Witnesses Expert Testimony Admissibility 52

Expert Witness Blog

FEBRUARY 26, 2025

16, 2024), the United States District Court for the Eastern District of Louisiana addressed the admissibility of expert testimony in a negligence lawsuit involving a tree-cutting incident. The involvement of a Tree/Arborist Expert Witness was central to the court’s analysis. Nautilus Insurance Co. , 2:23-cv-1360 (E.D.

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Witnesses Expert Testimony Admissibility Insurance 52

Expert Witness Blog

APRIL 9, 2025

In legal proceedings involving driving under the influence (DUI), the testimony of an Alcohol, Drug & DUI Testing Expert Witness can be pivotal in determining the outcome of a case. Vangelder , which delved into the admissibility of expert testimony challenging the reliability of breathalyzer tests.

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Witnesses Expert Testimony Admissibility 52

Expert Witness Blog

MARCH 13, 2025

23, 2023), the United States District Court for the District of Vermont addressed the admissibility of expert testimony in a negligence lawsuit stemming from a skiing accident. The involvement of a Skiing & Snowboarding Expert Witness was central to the court’s analysis. In the case of Grajeda v. Vail Resorts Inc. ,

Witnesses 52

Witnesses Expert Testimony Admissibility 52

Expert Witness Blog

MARCH 7, 2025

2015), the United States District Court for the Eastern District of Texas addressed the admissibility of expert testimony in a lawsuit involving allegations of human trafficking and substandard living conditions. The testimony of an OSHA Expert Witness was central to the court’s analysis. n the case of Marimuthu v.

Witnesses 52

Witnesses Expert Testimony Admissibility Construction 52

Temple University Beasley School of Law - Advocacy

FEBRUARY 16, 2025

The change to that Rule requires the proponent of the expert testimony to prove to the Judges satisfaction that it is more likely than not that (c) the testimony is the product of reliable principles and methods; and (d) the experts opinion reflects a reliable application of the principles and methods to the facts of the case.

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Expert Testimony Evidence Admissibility Witnesses 40

Expert Witness Blog

FEBRUARY 11, 2025

30, 2024), the California Court of Appeal addressed the admissibility of expert testimony in a negligence lawsuit filed under the Federal Employers Liability Act (FELA). The court’s decision hinged significantly on the proposed testimony of a Railroad Expert Witness. In the case of Richard v. B322044 (Cal.

Witnesses 52

Witnesses Expert Testimony Admissibility 52

Expert Witness Blog

MARCH 29, 2025

Expert testimony played a pivotal role in this case, with both parties presenting scientific evidence to support their positions. 2024), the United States District Court for the Northern District of California addressed a significant environmental health dispute concerning the fluoridation of public drinking water.

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Witnesses Expert Testimony Evidence 52

Expert Witness Blog

MARCH 31, 2025

2020), the United States District Court for the Southern District of Florida addressed the admissibility of expert testimony in a maritime personal injury lawsuit. Shim as an expert witness to testify regarding the injuries sustained during a cruise. Carnival Cruise Lines , No. 20-cv-20621-BLOOM/Louis (S.D.

Witnesses 52

Witnesses Expert Testimony Admissibility 52

Complex Discovery

DECEMBER 10, 2024

Additional Reading Innovating Securely: Considering Confidentiality in AI Applications The Dual Impact of Large Language Models on Human Creativity: Implications for Legal Tech Professionals Source: ComplexDiscovery O The post Tackling AI-Driven Misinformation: Insights and Strategies for Resilience appeared first on ComplexDiscovery.

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Education Cross-Examination Expert Testimony Technology 105

Newport Beach California Business Litigation Law B

MARCH 20, 2025

What damages are available for this type of claim? Financial awards can include the loss as well as additional legal fees incurred in the legal malpractice case.

Real Estate 52

Real Estate Expert Testimony Evidence Insurance 52

Complex Discovery

SEPTEMBER 11, 2024

Expert Testimony and Forensic Analysis: The paper emphasizes the role of expert witnesses in helping courts distinguish between real and AI-generated evidence. However, given the current limitations in AI detection technologies, human experts may still struggle to accurately authenticate evidence.

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Evidence Media and Entertainment Jury Deliberation Technology 111

SW&L Attorneys Blog

MAY 23, 2025

Proving either one requires meeting strict legal standards, often with the help of medical evidence or expert testimony. There are two common types: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). Negligent vs. Intentional Infliction Of Emotional Distress: Whats The Difference?

Expert Testimony 52

Expert Testimony Evidence Witnesses 52

Complex Discovery

AUGUST 5, 2024

Investigative Services and Expert Testimony : For investigation, analysis, and report generation, 45.9% Expert witness testimony commands higher rates, with 49.2% In terms of investigative services and expert testimony, the market has seen a slight shift towards lower and alternative pricing models.

Technology 119

Technology Expert Testimony Witnesses Discovery 119

IP Watchdog

APRIL 4, 2022

On April 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a summary judgment decision by the U.S.

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Construction Technology Expert Testimony Evidence 128

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

LIMITING AREA OF EXPERT TESTIMONY 1. AREAS WITNESS WILL DEFER TO ANOTHER EXPERT UPON. FIND ANY EVIDENCE OF AN “ERROR OF JUDGMENT” ON THE PART OF DEFENDANT (1) IF SO, EXPLAIN IN DETAIL R.

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Depositions Witnesses Expert Testimony Discovery 100

InHouseBlog

NOVEMBER 26, 2022

This finding was met despite Opposer providing expert testimony that related to only 15% of the American population that spoke Spanish or other Romance languages and who are likely to pronounce “SoniStream” as “SonyStream.”

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Expert Testimony Automotive Evidence 83

The Cloud Court Blog

FEBRUARY 24, 2023

What litigation teams need is an extra intelligence that can ingest enormous volumes of testimony data, organize it, and “push” intelligence to you. It takes testimony – from raw deposition and trial transcripts – across one or many cases and converts it into useful, actionable analysis reports that litigation teams can readily consume.

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Depositions Cross-Examination Witnesses Litigation 52

Complex Discovery

MAY 29, 2025

Judges should be prepared to issue protective orders for proprietary AI technologies and require qualified expert testimony to explain how content was created or manipulated.

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Evidence Forensic Evidence Technology Expert Testimony 59