Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Many product liability defense lawyers have had great success at one time or another in taking the deposition of a plaintiff's key engineering expert. They can tell you stories about depositions when the expert: 1) offered opinions inconsistent with prior expert reports, deposition or trial testimony, or several articles that he has written in engineering publications; 2) made errors in calculations that supposedly formed the basis for his opinions; 3) admitted that he lied about his qualifications on his resume; or 4) while answering questions, was evasive, sweated profusely, or fumbled around for answers so badly that he was incoherent. On these occasions, it is easy to believe that no jury could possibly find the expert to be a credible witness in the unlikely event that a court were to deny the forthcoming Daubert/Kumho motion.
But what happens if, after the discovery period ends and after you file that long-anticipated Daubert/Kumho motion, plaintiff's counsel responds by filing a motion to withdraw the original, discredited expert and to substitute a new one ' one with superior qualifications, and a much stronger theory of liability? In support of the motion, the plaintiff appeals to the court's discretion, and asserts simply that the expert's horrendous answers to questions at the deposition somehow justify a substitution of experts long after the discovery deadline closed. Your initial reaction would likely be outrage. You might think that the court could not possibly allow such a complete disregard of its own scheduling order and the Federal Rules of Civil Procedure. Unfortunately, depending on a number of factors, including the jurisdiction in which you practice, the court may well permit the substitution of experts.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.