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The Intellectual Property Strategist
Which Method Is for You? Not All Surveys Are Made the Same
Laura O’Laughlin, Harriet Ho and Duy (Joey) Duong
As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It’s important to be able to identify the right survey methodology for the matter at hand. Third in a series
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Survey Says: Tips On Getting Over the Daubert Hurdle
Rebecca Kirk Fair, Peter Hess and Vendela Fehrm
This article draws on a review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, and provides suggestions for getting survey evidence admitted for consideration in court. Our recommendations fall under two broad categories: relevance and reliability.
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The Intellectual Property Strategist
Weighing the Benefits: How Much Weight Will Your Survey Have in Court?
Rene Befurt, Marie Warchol and Anthony Nasr
As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey’s results are dependable and useful.
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The Intellectual Property Strategist
Survey Says: Tips on Getting Over the Daubert Hurdle
Rebecca Kirk Fair, Peter Hess and Vendela Fehrm
Surveys can provide useful evidence in litigation if they are conducted by a qualified expert employing reliable methods that survive a Daubert challenge. In the first of a series of articles drawing on our review of over 300 U.S. court rulings in cases involving surveys, including over 150 Daubert motions, we provide some suggestions for getting survey evidence admitted for consideration in court.
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Product Liability Law & Strategy
Unreliable Methodologies Doom Neck Brace Experts
Michael Hoenig
A U.S. Magistrate Judge in Indiana recently excluded the opinions of two experts because they did not meet the "reliability" criteria specified in Federal Rule of Evidence 702 and the famous Daubert decision. The rulings doomed the badly injured plaintiff's claim because summary judgment in favor of the defendant quickly followed.
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Product Liability Law & Strategy
Challenges to the Admissibility of Evidence in the 'Omics' Era
Ronald J. Levine and K. Heather Robinson
Even though the technology is cutting edge, the admissibility of expert testimony regarding genetic testing is subject to age-old rules. This article reviews some recent decisions regarding genomics, and provides practice pointers for litigators involved in these types of proceedings.
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Medical Malpractice Law & Strategy
Preparing a Medical Witness for Deposition and Trial: A Different Approach
Gary Riveles and Mark G. Phillips
While the deposition testimony usually does not win the case, in a medical negligence matter, it can definitely lose it. The stakes for a physician today are higher than they have ever been. It is not an infrequent occurrence that any report to the Databank gets a review by both the State Board of Medical Examiners and any health insurer on whose panel the provider has privileges. Our clients deserve better.
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Commercial Leasing Law & Strategy
Do Daubert Motions Really Work?
John L. Tate
Part Three of a Three-Part Article
Last month, the author described two of his six tips for achieving success with Daubert motions. Here, he concludes by offering four more.
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Commercial Leasing Law & Strategy
Do Daubert Motions Really Work?
John L. Tate
Part Two of a Three-Part Article
Like baseball batters in a lineup, the home run potential of any given Daubert motion varies greatly. 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.
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Medical Malpractice Law & Strategy
Daubert Motions Really Do Work
John L. Tate
Part Three of a Three-Part Article
Last month, the author described two of his six tips for achieving success with Daubert motions. Here, he concludes by offering four more.
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