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By Cynthia B. Robinson and Adrian H.F. Ward | July 25, 2022
While empowering the courts with the discretion to resolve pre-trial disclosure controversies on a case-by-case basis is an important policy objective of NY CPLR 3101(d), which governs the exchange of expert disclosures in litigation, the ambiguity built into the statute as written allows for mischief in the margins.
8 minute read
By John L.A. Lyddane | July 15, 2022
In his Medical Malpractice column, John L.A. Lyddane reviews case law relating to how the courts have treated non-physician witnesses in the past in order to predict how a proposed expert will be received. How will the court exercise its discretion on the scope of the admissible testimony?
8 minute read
By Allison Dunn | July 11, 2022
"Here, the defendant's proffered expert testimony about his mental state was relevant to whether the 'knowingly' element had been met," Associate Justice John Englander wrote. "As the evidence was relevant, and its exclusion was not harmless, we vacate the conviction."
4 minute read
By Allison Dunn | July 1, 2022
The Maryland Court of Appeals reinstated a man's murder conviction, finding a state's witness did not need to be qualified as an expert to testify that cellphone users can adjust a cellphone's ability to track and collect location data.
6 minute read
By Louis Locascio | June 30, 2022
COURT WATCH: In view of inconsistent trial court rulings, Judge Sabatino saw the need for a uniform procedure to deal with a third party observing and the recording of DMEs.
7 minute read
By Allison Dunn | June 28, 2022
In its first application of the Daubert standard regarding the admissibility of expert testimony, the Maryland Court of Appeals has affirmed that a trial court acted within its discretion to admit a scientist's testimony about the use of photogrammetry to identify a murder suspect's height, despite an unknown degree of uncertainty in the measurements.
7 minute read
By Michael Furey, Patrick J. McDonnell and Merrill E. Gershwin | June 16, 2022
Examining the methodology of 'peer review' and the need for courts to examine whether an expert's opinion is based upon vetted scientific research.
10 minute read
By Meghann M. Cuniff | June 14, 2022
A star witness in a state court civil trial over an 11-year-old fee dispute, Panish revealed his own dispute over fees with Avenatti while bolstering the defense narrative of his former clients.
8 minute read
By Geremy C. Kamens, Rebecca LeGrand, Abbe Smith | May 12, 2022
Federal prosecutors must not possess unchecked power to secretly listen to and record a defense investigation.
5 minute read
By Allison Dunn | May 3, 2022
Washington, D.C. ethics lawyers say an important change to a local bar rule for handling client money has flown under the radar for decades—and it keeps tripping up attorneys.
10 minute read
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