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30 Apr 2009, 1:47 am
iStock_000001063043Medium.jpg Eighth Circuit affirms exclusion of lay testimony by company president about the lost profits suffered as a result of a breach of its contract because the witness failed to show any objective basis for his lay opinion, such as an analysis of the market for the contracted solar salt that it would have sold had the salt been delivered under the contract, in US Salt, Inc. v. [read post]
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]
29 Nov 2006, 4:32 am
The appliance of science - lay advisers go to courtRight: unlike judges, cats spend up to 18 hours a day asleep ...Last Friday the Court of Appeal sneaked this decision out in Halliburton Energy Services Inc v Smith International (North Sea) Ltd [2006] EWCA 1599. [read post]
18 Oct 2022, 4:50 pm
The Court of Appeal of Alberta’s recent decision in Mostafa Altalibi Professional Corporation v Lorne S. [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]