Tag Archives: litigation
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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When Is An Economic Expert Witness Needed? Part 2

When Is An Economic Expert Witness Needed? Part 2

In Getting the full value of economic experts in IP litigation: A qualified expert is key, attorney Devon Zastrow Newman writes that “Expert witnesses can make or break your intellectual property litigation.”

How is an expert qualified to present testimony?

A person can become an expert through education, skill or experience. Economic experts may be trained in finance, accounting or economics and may have certifications in business financial management, financial forensics and other related fields. Economists or professors can be experts. An economic expert may have litigation experience in the market at issue.

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expert-witness-consulting

The Benefits Of Focus Groups For Trial

On her blog A Winning Tip, trial consultant Noelle C. Nelson, Ph.D., writes on the benefits of focus groups.

A focus group is a relatively low-cost pre-trial strategy to give you the winning edge. There is nothing that can replace vigorous discussion of your case’s strengths and weaknesses among a group of people rigorously selected to match your jury pool…

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The Courtroom & Social Media

In Elephant in the Courtroom: Social Media Don Richards writes for Lawyers Weekly that courts must create common sense and balanced rules to deal with social media. Richards is a partner at Farris LLP in Vancouver and was counsel on Canada’s first Facebook termination case.

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Economic Analysis in Employment Case, Part 5

Economic Analysis in Employment Case, Part 5

According to the forensic economics literature, we would say the best approach would be to compute the reduction in payout at the time of retirement, rather than employer contribution. This approach, however, is more complicated, uses assumptions contributing to perhaps a more speculative figure and this method is more time-consuming for the economist.

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New Wisconsin Expert Witness Rules

New Wisconsin Expert Witness Rules

Lawyers on both sides of the debate over tort reform aren’t happy with some of the provisions in the new Wisconsin state law passed last week. The law is meant to protect doctors and manufacturers from expensive law suit settlements. But critics say the provisions that change the rules for admitting expert witness testimony could result in longer – and more expensive — trials.

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Economic Analysis in Employment Cases, Part 3

Economic Analysis in Employment Cases, Part 3

Worklife

A statistical average of the number of years a person will be working. It factors out the probability of death, sickness, child rearing, and leaving the labor force.

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Daubert Challenges A Decade After Kumho Tire

Daubert Challenges A Decade After Kumho Tire

In Special Legal Report: Daubert Challenges Ten Years After Kumho Tire, Sherrye Henry, Jr, Esq., BVWire Legal Editor writes:
It’s been ten years since the U.S. Supreme Court expanded its ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc. to all types of technical expert testimony—including financial experts and business appraisers—in Kumho Tire v. Carmichael. PriceWaterhouseCoopers has just released its new Daubert Challenges to Financial Experts: A Ten-year Study of Trends and Outcomes, 2000 to 2009. After examining over 5,200 Daubert challenges to expert witnesses of all types, in federal and state courts, the PwC study concludes:

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Ohio Now An “Open Discovery” State

Ohio Now An “Open Discovery” State

Ohio is now an “open-discovery” state. That means prosecutors and defense lawyers must share more information up front than in the past, including police reports, witness statements and expert witness reports. The American Bar Association has supported the information-sharing since 1994. About two dozen states have adopted similar laws. Numerous police agencies also adopted the new eyewitness-identification method.

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Economic Analysis in Employment Case, Part 2

Economic Analysis in Employment Case, Part 2

HISTORIC LOSS (‘Back-pay’)

This period is from time of incident to date of trial. Wage growth rates could be used but no discounting.

Adjustment for promotions, “lost-chance” damages: Backpay may be increasedto take into account promotions the employee was likely to have received. [See Bishop v. Gainer (7th Cir. 2001) 272 F.3d 1009, 1015-1016].

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