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No Warning of Expert Testimony
The U.S. Court of Appeals for the Fourth Circuit recently determined that it was not error for the trial court to admit the Government's expert's testimony without notice to the opposing party, because the testimony mirrored that of another expert whose testimony was revealed to the plaintiff in a timely manner. Baker v. United States, 2016 U.S. App. LEXIS 7031 (4th Cir., 4/19/16).
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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