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8 May 2023, 12:51 pm by Zachary Silverberg
Court of Appeal Decision in Pham v Qualified Metal Fabricators In the case of Pham v. [read post]
28 Apr 2009, 1:21 am
robberyphoto.jpg Third Circuit concludes in robbery trial that lay opinion identification testimony under FRE 701 was not implicated where the cooperating witness testified as a fact witness and identified and described the participants in a robbery using a photograph and video, in United States v. [read post]
4 Apr 2011, 2:44 pm by PaulKostro
Law Lessons from State of New Jersey v. [read post]
12 May 2009, 12:16 am
iStock_000001063043Medium.jpg In gender discrimination action, trial court erred in admitting plaintiff's lay testimony about damages, including the pensions portion of her back pay and lost wages, which should have been the subject of expert testimony under FRE 702 where she was a temporary employee and lacked personal knowledge of "the company's salary structure, advancement opportunities, pay raises, or employment patterns," in Donlin v. [read post]
2 Nov 2009, 1:43 am
HTTP.jpg In considering admissibility of testimony about LimeWire peer-to-peer file sharing program, Fifth Circuit notes that "[t]he case law is not completely clear on where to draw the line between expert and lay testimony," in United States v. [read post]
24 Sep 2009, 1:46 am
iStock_000000355220_L1.jpg In a Title VII sex discrimination employment suit, the plaintiff's opinion testimony on her estimated lost earnings and pension benefits should not have been admitted as lay opinion testimony under FRE 701, nor as expert testimony under FRE 702, in Donlin v. [read post]
27 Jun 2019, 4:09 am by Daniel Walters
The post Symposium: Laying bare the realpolitik of administrative deconstruction appeared first on SCOTUSblog. [read post]
14 Jun 2013, 7:24 am by emagraken
In this week’s case (American Creek Resources Ltd. v. [read post]
11 Sep 2009, 1:36 am
iStock_000000130176.jpg In child pornography prosecution, detective's lay or expert testimony that images on the defendant's computer media satisfied the legal definition of child pornography was not helpful to the jury since it was only a "bare conclusion"; however its admission was not plain error based on the defense concession in closing argument that the photos were pornographic and that the defense only denied producing the photos, in United… [read post]