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The starting point for any successful challenge under Federal Rules of Evidence (FRE) 702 and is the form and content of the witness's disclosure under Federal Rules of Civil Procedure (FRCP) 26(a)(2). Here's why.
Like baseball batters in a lineup, the home-run potential of any given Daubert motion varies greatly. (A Daubert motion is one seeking to exclude unqualified expert evidence. See Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).) Statistics go out the window with every at-bat, because statistics cannot predict individual performance. Players without a good eye for the fast ball usually do not make it to the big leagues; lawyers without the skill set to deconstruct and demonstrate the methodological flaws in a disclosure of opinion testimony may get to play in the big leagues, but they have terrible batting averages. What can be done to improve the odds?
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By Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
By Mitch Warnock
When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.
By Shannon E. McClure and Whitney Mayer
The FDA’s recent approval of 23andMe’s direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.
Discussion of major rulings out of Texas and California.