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10 Jul 2020, 2:08 pm by Lawrence B. Ebert
Cir. 2017)(“Like the First Amendment . . . the right of inspectionserves to produce an informed and enlightened public opinion. [read post]
11 Jun 2020, 11:30 pm by Schachtman
So was Judge Milazzo engaged in judicial dodging in Her Honor’s opinion in Taxotere? [read post]
9 Jun 2020, 12:26 pm by Kevin LaCroix
      MOOTNESS FEES The Delaware Court of Chancery’s 2016 decision in In re Trulia, Inc. [read post]
8 Jun 2020, 10:13 am by Schachtman
First, a defendant could seek to take on the entire procedure by which these claims have been developed and focus broadly on the alliance between plaintiffs’ lawyers and their medical accomplices. [read post]
7 Jun 2020, 1:17 am by Schachtman
”[10] Since a case cannot be brought unless the plaintiff has first been diagnosed with a compensable condition, the court’s conclusion as a practical matter means that Utah plaintiffs must first be diagnosed by Utah physicians, or at least by a physician with a current temporary or other license to practice in the state. [read post]
28 May 2020, 5:29 am by Schachtman
Despite the confusing verbiage, these judicial rulings are a serious deviation from the text of Rule 702, as well as the Advisory Committee Note to the 2000 Amendments, which embraced the standard articulated in In re Paoli, that “any step that renders the analysis unreliable . . . renders the expert’s testimony inadmissible. [read post]
25 May 2020, 9:04 pm by Guest Contributor
  It has sweet-talked the legislature and befriended the executive branch, and at times betrayed us through the judicial branch. [read post]
22 May 2020, 6:13 am by Eugene Volokh
The lawsuit was dismissed on res judicata grounds, because plaintiff had unsuccessfully sued defendant before in Virginia court. [read post]
11 May 2020, 1:09 am by Schachtman
In my last post,[1] I praised Lee Mickus’s recent policy paper on amending Rule 702 for its persuasive force on the need for an amendment, as well as a source for helping lawyers anticipate common judicial dodges to a faithful application of the rule.[2] There are multiple dodges used by judicial dodgers, and it behooves litigants to recognize and anticipate them. [read post]