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Impact of Supreme Court's Ruling On Expert Intent Testimony In 'Diaz v. United States'
In August 2020, Delilah Diaz was arrested when she drove her boyfriend's car, laden with over $350,000 of hidden methamphetamine, across the U.S. border from Mexico. Her criminal trial tested the permissible scope of expert testimony as to a defendant's intent, ultimately resulting in a decision by the U.S. Supreme Court that has significant implications for criminal cases far beyond the specifics of her drug-trafficking case.
In Diaz v. United States, 144 S.Ct. 1727 (2024), the Court held that expert testimony in a criminal case, as to whether "most people" similar to the defendant have a particular mental state, does not run afoul of Federal Rule of Evidence 704(b)'s prohibition against expert opinion evidence about whether a criminal defendant had or lacked the mental state required for conviction. Particularly in white-collar cases, where the defendant's intent is often the central disputed issue, the implications of Diaz may be far-reaching.
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Coverage Issues Stemming from Dry Cleaner Contamination Suits
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.