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1 Jul 2015, 7:34 am by Schachtman
Discovery Beyond the Report and the Deposition The lesson of the cases interpreting Rule 26 is that counsel cannot count exclusively upon the report and automatic disclosure requirements to obtain the materials necessary or helpful for cross-examination of statisticians who have created their own analyses. [read post]
25 Apr 2015, 11:03 am by Schachtman
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
7 Nov 2014, 5:52 am
We’ve made no secret of our distaste for the so called “heeding presumption” – that juries may presume that any alternative “adequate” warning would have been heeded by the plaintiff (or, in prescription medical product cases, the prescriber). [read post]
20 Aug 2014, 11:27 am
And courts have recognized that the single publication rule should continue to apply when a defendant had made changes that did not “communicat[e] the alleged defamatory information to a new audience,” Atkinson v. [read post]
23 Jun 2014, 12:57 pm by Schachtman
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P­­­_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
7 Feb 2014, 7:40 am by Jay Yurkiw
Spoliation/sanctions In Re Actos (Pioglitazone) Products Liability Litigation, No. 11-md-2299 (W.D. [read post]
24 Jan 2014, 12:57 am by Kevin LaCroix
In many jurisdictions, corporate officials sued for their actions undertaken in their corporate capacity may be able to defend themselves in reliance on the “business judgment rule. [read post]
24 Jan 2014, 12:57 am by Kevin LaCroix
In many jurisdictions, corporate officials sued for their actions undertaken in their corporate capacity may be able to defend themselves in reliance on the “business judgment rule. [read post]
9 Jan 2014, 1:37 pm
  [W]e must review the record in light of these obvious information costs”); Aetna Casualty & Surety Co. v. [read post]
19 Sep 2013, 9:53 am by Bexis
The following post is exclusively the work of the Reed Smith side of the blog.Sometimes the smallest, least significant type of lawsuit can illustrate cracks in the edifice of the largest, most consequential litigation. [read post]