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North Carolina Expert Witness Rule Changes

North Carolina Expert Witness Rule Changes

The General Assembly of North Carolina Bill 376, “An act amending the rules of civil procedure to modernize discovery of expert witnesses and clarifying expert witness costs in civil actions” was chaptered on 7/17/15. The act affects cases filed on or after Oct. 1, 2015 with changes as to how parties in litigation will handle expert witness disclosure and discovery. HB 376 adds more detailed requirements regarding discovery of information related to expert witnesses.

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Appellate Court Rules On Securities Expert Witness Testimony

Appellate Court Rules On Securities Expert Witness Testimony

The U.S. Court of Appeals 2nd Circuit vacated Jesse Litvak’s securities fraud conviction saying the lower court improperly excluded parts of his expert witness’s testimony. Securities expert witness Dr. Ram Willner, a business school professor and former portfolio manager, was hired by the defense to testify on how investment managers operate. However, U.S. District Judge Janet Hall disallowed his testimony. The appellate court found that if the defense team had been able to introduce some of Willner’s testimony, a jury might have acquitted the former Jefferies & Company securities broker and trader.

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Missouri Daubert Legislation

Missouri Daubert Legislation

Rep. Kevin Corlew, R-Kansas City, has proffered legislation which would bring Missouri into compliance with the Daubert standard for expert testimony. Based on the US Supreme Court decision Daubert v. Merrell Dow Pharmaceuticals, HB 1676 would place Missouri in alignment with federal courts and two-thirds of US states. While the bill is not currently on […]

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Daubert v. Frye

Daubert v. Frye

The debate over Daubert v. Frye expert witness standards continues with Florida at the center of the argument. The Daubert standard arose from the Daubert v. Merrell Dow Pharmaceuticals case of 1993 and offered an updated rule of evidence regarding the admissibility of expert witnesses’ testimony. Florida attorneys are divided in supporting the state Evidence Code adopting the Daubert standard which would replace the older and more lenient Frye standard. While federal courts as well as many state courts have shifted to the Daubert standard, there are attorneys who want the Florida Bar to recommend that the Florida Supreme Court reject the amendment adopting Daubert.

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Every Lawyer’s Investigative Research Database

Every Lawyer’s Investigative Research Database

If you are just opening your practice or can’t afford to hire a private investigator when you need one, consider applying for a subscription to an investigative database such as TLOxp, and do your own investigating. TLOxp’s database is made up of public records, publicly available information and proprietary information, including credit headers. TLOxp can be used to:

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Florida State Bar Board Of Governors To Vote On Daubert

Florida State Bar Board Of Governors To Vote On Daubert

The Florida State Bar will vote Friday on a recommendation to the Florida Supreme Court to abandon the Daubert standard. The state’s evidence code was amended in 2013, replacing the Frye standard with the Daubert standard. But a year ago the Florida Bar’s Code and Rules of Evidence Committee rejected the new rule. The issue is on the State Bar Board of Governors agenda October 16, 2015.

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Patent Expert Witnesses & Teva Ruling

Patent Expert Witnesses & Teva Ruling

What do patent expert witnesses consult on? They may report and testify on patent law, patentability, patent infringement, and related matters. In a landmark patent case this week, the Supreme Court of the United States ruled in favor of Israeli drug maker Teva Pharmaceuticals USA, Inc. The 7-2 vote held that the U.S. Court of Appeals must apply a “clear error,” not a de novo, standard of review when determining whether the Copaxone patent is valid.

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Polygraph Expert Witnesses

Polygraph Expert Witnesses

Polygraph expert witnesses may consult on the Employee Polygraph Protection Act, polygraph examinations, polygraph testing and related matters. The American Polygraph Association FAQ web page answers the question “What is a polygraph?”

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Judge Calls For Cellular Phone Expert Witness

Shawnee County (KS) District Court Judge Evelyn Wilson ruled that a Topeka police detective can testify regarding how to track cellphones but when technical questions arise, the prosecution will need to rely on a professional cellular telephone expert witness.

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California Supreme Court Rules On Expert Witness Fees

In Martinez v. Brownco Construction, Inc., the California Supreme Court (Second Appellate District, Div. 1, B226665), ruled on expert witness costs in multiple settlements.

This case presents the following issue: When a plaintiff makes two reasonable settlement offers under Code of Civil Procedure section 998, both of which expire by operation of law, does the second offer extinguish the first such that the later offer is the operative one for purposes of the cost-shifting provisions of section 998, subdivision (d)? Disposition Date: 06/10/2013.

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