E-Discovery LLC

DECEMBER 9, 2024

31, 2024), the intermediate appellate court addressed an important issue of authentication of surveillance video by a lay witness. That witness was permitted to authenticate a video under the silent witness theory. The Appeals Court disagreed and affirmed, applying the silent witness doctrine. State, 487 Md.

Witnesses

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.

Witnesses

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. Armstrong Farms et al. , 2:18-cv-00530 (D.N.M.

Witnesses

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.

Witnesses

Expert Witness Blog

FEBRUARY 20, 2025

Kaney , [2011] UKSC 13, the United Kingdom Supreme Court addressed the issue of whether expert witnesses could be held liable for professional negligence in relation to their participation in legal proceedings. Initially, Dr. Kaney’s assessment aligned with Jones’s assertions. Continue reading

Witnesses

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. Shim, an orthopedic surgeon, as an expert witness.

Witnesses

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. Bi-State Development Corporation , 949 S.W.2d

Witnesses

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.

Witnesses

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.

Witnesses

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.

Witnesses

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. City of Franklin, Tennessee , No. M2021-00877-COA-R3-CV (Tenn.

Witnesses

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.

Witnesses

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.

Witnesses

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. AAA Cooper Transportation , No. 23-2341 (La.

Witnesses

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.

Witnesses

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.

Witnesses

E-Discovery LLC

MAY 27, 2025

The Scheduling Order in Little set a milestone for identifying expert witnesses. Appellees also alleged that appellant had failed to designate any expert witnesses. [by It was also evident that appellant did not designate any expert witnesses by the April 23, 2023, deadline for doing so. at *1, 3, 8.

Discovery

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.

Witnesses

Plaintiff Trial Lawyer Tips

JUNE 27, 2024

QUALIFICATIONS 1. SEE WITNESSES biography (a) BIRTH DATE (b) MARITAL STATUS 2 GENERAL EDUCATION OUTLINE: SCHOOLS APPLIED FOR & REJECTED? GENERAL BIAS 1. Involvement in this Case: (1) HOW BECAME INVOLVED IN THIS CASE (2) INVOLVEMENT WITH EXPERT WITNESS AGENCY?

Depositions

Complex Discovery

SEPTEMBER 11, 2024

Key recommendations include: Pretrial Evidentiary Hearings: Judges should require early disclosure of potential deepfake-related evidence, enabling discovery and the use of expert witnesses to authenticate digital materials.

Evidence

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.

Expert Testimony

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

The Cloud Court Blog

FEBRUARY 24, 2023

In a large case (say, with 100+ depositions), there’s so much testimony data that it is virtually impossible for one person to read and recall all the testimony, not to mention attorney & witness behaviors. Plaintiffs can extract relevant topics and easily contrast testimony of different witnesses.

Depositions

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

Jury Analyst

MARCH 16, 2025

For example, jurors might unconsciously give more credibility to witnesses of their own racial background, hold defendants of different races to stricter standards, rely on stereotypes to assess trustworthiness, or interpret the same evidence differently based on racial assumptions. The result?

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CaseFox

NOVEMBER 27, 2023

Exposure lawsuits, a legal avenue that addresses harm resulting from exposure to hazardous substances or conditions, have witnessed a dynamic evolution over the years. Plaintiffs often rely on expert witnesses and scientific studies to demonstrate causation, while defendants vigorously contest these claims.

Litigation

Complex Discovery

MAY 29, 2025

Rule 901 requires only a minimal threshold for authenticationtypically, testimony that a witness recognizes the voice or content. In one experiment, subjects shown fabricated video evidence not only accepted the false information but later recalled it as something they had directly witnessed. The consequences are twofold.

Evidence

Jury Analyst

MAY 19, 2023

Expert Testimony: Lawyers can call upon expert witnesses to explain the impact of media on perceptions and provide alternative interpretations of evidence. Expert testimony can provide jurors with a balanced perspective, helping them navigate through the biases created by media coverage.

Jury Selection

Practice of Law

OCTOBER 15, 2024

There, plaintiffs were allowed to present expert testimony on the cancer link. The pharma companies claimed that the testimony lacked scientific validity, and appealed to a higher court to get over 70,000 lawsuits dismissed over bad evidence.

Manufacturing

3 Geeks and a Law Blog

OCTOBER 16, 2023

And it is your mission, to take this giant jumble of, you know, there, there’s all sorts of different types of documents, there’s emails, there’s, depending on if it’s a real estate case, lease agreements, there might be transcripts, depositions, expert testimony, and you have to weave it together into something coherent, and credible.

Evidence

Expert Witness Blog

APRIL 15, 2025

137 (1999), the role of a Tires Expert Witness was central to the proceedings and had a profound impact on the standards for admitting expert testimony in U.S. In the landmark case of Kumho Tire Co. Carmichael , 526 U.S.

Witnesses

SW&L Attorneys Blog

FEBRUARY 15, 2025

Our team of lawyers can help overcome the challenges of invisible injury cases by gathering strong medical and expert testimony to objectively establish the injury, its cause, and its impact on our clients life.

Expert Testimony

Evidence at Trial

SEPTEMBER 9, 2021

In support of its motion, Merrell included a declaration from an expert who opined that, based on all relevant literature, no study found that Bendectin was capable of causing malformations in fetuses. The Ninth Circuit affirmed summary judgment, citing the "general acceptance" standard found in Frye v.

Evidence

Temple University Beasley School of Law - Advocacy

JUNE 2, 2024

Lay opinion testimony is tolerated because, frankly, it is hard to find the line between fact and opinion (“she is tall,” “they appeared drunk,” “the car was way over the speed limit”) and because lay witnesses should be comfortable speaking in normal, conversational, easily-understood terms. 701 and expert testimony under F.R.E.

Expert Testimony

Practice of Law

APRIL 22, 2025

The defense sought to have her testimony and any mention of bushy eyebrows barred from evidence. Citing it as unreliable and irrelevant, they argued that the witness had been drinking, was sleepy, and only saw the figure for seconds. Prosecutors intend to have her testify.

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