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By Paul Shechtman | January 26, 2024
In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
12 minute read
By Joshua S. Bauchner | January 24, 2024
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
4 minute read
By Harvey Weissbard | January 19, 2024
Retired Superior Court Appellate Division Judge Harvey Weissbard traces the history of the 'Frye' doctrine from "from its inception to its demise" and the many "baby steps" it took to arrive there.
17 minute read
By Louis F. Locascio | December 28, 2023
Does an expert's "rule of thumb" assessment meet scientific standards, or should it be inadmissible? Former Monmouth County Superior Court Judge Louis Locascio weighs in on the recent New Jersey Supreme Court ruling.
7 minute read
By Alex Anteau | December 26, 2023
"You can have the smartest person in a particular field, but if they think they're the best thing and that comes across to the jurors, they can be completely turned off," said jury consultant Aref Jabbour.
5 minute read
By Amanda Bronstad | December 18, 2023
Kenvue, formerly Johnson & Johnson Consumer, manufacturer of Tylenol, said it planned to move for dismissal of the lawsuits after U.S. District Judge Denise Cote found all five of plaintiffs' general causation experts inadmissible.
3 minute read
By Amanda Bronstad | December 13, 2023
Dr. Cristian Tomasetti, a general causation expert for Monsanto in numerous Roundup trials, was questioned on Tuesday at a "Daubert" hearing before U.S. District Judge Vince Chhabria.
6 minute read
By Amanda Bronstad | December 12, 2023
Dr. Cristian Tomasetti, a general causation expert for Monsanto in numerous Roundup trials, was questioned on Tuesday at a "Daubert" hearing before U.S. District Judge Vince Chhabria.
6 minute read
By Edward T. Kang | November 22, 2023
Litigators preparing to qualify or challenge an expert witness must be ready to navigate several obstacles in admitting or excluding expert testimony. With the new amendment to Federal Rule of Evidence 702 coming into effect, litigators should take note of changes and incorporate them into their decision-making regarding expert testimony.
9 minute read
By John Michael Vazquez | November 10, 2023
The following list of tips is by no means exhaustive. Instead, it is designed to give new lawyers a guide on important considerations when preparing a witness to testify. The following insights apply equally to expert witnesses; however, experts have additional factors to account for, which are not discussed here.
9 minute read
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