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8 Apr 2024, 10:08 am
As a practical matter, the burden shifts to the party that wishes to challenge the relied upon facts and data to learn more about the cited studies to show that the facts and data are not sufficient under Rule 702(b), and that the testimony is not the product of reliable methods under Rule 702(c). [read post]
7 Apr 2024, 1:38 am
As David Allen Green points out, the Belfast Agreement explicitly requires the ECHR to be enforceable in the Northern Ireland courts – see Strand One para 5(b) – while the Human Rights Act 1998 can only be repealed by primary legislation. [read post]
3 Apr 2024, 4:08 pm
In Daubert, the Supreme Court decided a legal question about the proper interpretation of a statute, Rule 702, and then remanded the case to the Ninth Circuit of the Court of Appeals for further proceedings. [read post]
3 Apr 2024, 12:44 pm
Gaska (David, Dec’d) v. [read post]
3 Apr 2024, 11:20 am
Plaintiff claimed the existence of pain in his […] The post David B. [read post]
3 Apr 2024, 6:31 am
Fox Distinguished Professor of Business Law at the University of Pennsylvania Carey Law School, and Jeff Schwartz is the Hugh B. [read post]
3 Apr 2024, 6:31 am
Fox Distinguished Professor of Business Law at the University of Pennsylvania Carey Law School, and Jeff Schwartz is the Hugh B. [read post]
2 Apr 2024, 12:56 pm
Lay juries usually function well in assessing the relevance of an expert witness’s credentials, experience, command of the facts, likeability, physical demeanor, confidence, and ability to communicate. [read post]
1 Apr 2024, 7:00 pm
“Don’t Overlook the Power of the Civil Cases Against Donald Trump”: David Lat and Zachary B. [read post]
31 Mar 2024, 9:52 am
At oral arguments, the patentee’s counsel David Silva argued that: Those factors [where we provided evidence but that were not mentioned in the jury instructions] are awards from an industry, or evidence of copying. [read post]
29 Mar 2024, 8:22 am
Professor David Bernstein and practicing lawyer Eric Lasker wrote a paper in 2015, to call attention to the judicial disregard of the requirements of Rule 702.[9] Several years of discussion and debate ensued before the Judicial Conference Advisory Committee on Evidence Rules (AdCom), in 2021, acknowledged that “in a fair number of cases, the courts have found expert testimony admissible even though the proponent has not satisfied the Rule 702(b) and (d) requirements by… [read post]
28 Mar 2024, 2:21 am
The destruction without a faculty of a wooden pulpit directed to be retained under a previous faculty; b. [read post]
27 Mar 2024, 5:53 am
Juror Demographics b. [read post]
26 Mar 2024, 5:09 am
David E. [read post]
25 Mar 2024, 8:33 am
Read the opinion The post DAVID BOYD, ET UX. v. [read post]
24 Mar 2024, 6:50 pm
David Boyd, UN Special Rapporteur on Human Rights and the Environment has recently summarized and reflected on th quite interesting case recently decided by the Inter-American Court of Human Rights in Habitantes de La Oroya Vs. [read post]
24 Mar 2024, 9:58 am
(Eboo Patel, Chronicle of Philanthropy) California city returns sacred tribal land to Indigenous people (Joseph Ax, Reuters) Climate Change Articles & Resources: Capitalism Can’t Solve Climate Change (Brett Christohphers, Time) Key components of sustainable climate-smart ocean planning (Catarina Frazão Santos, Tundi Agardy, Larry B. [read post]
22 Mar 2024, 9:30 pm
Giddings will discuss “The Prescient Life of Ida B. [read post]
22 Mar 2024, 3:30 pm
The circuit court further erred by failing to require Rubins to post a bond, as required by Florida Rule of Civil Procedure 1.610(b). [read post]
22 Mar 2024, 4:00 am
Afflicted with a “culture of complacency[1],” the Ontario Superior Court has long struggled to timely advance cases to trial. [read post]