Never Ask Your Client for an Expert
January 23, 2007
When IP lawyer John P. Hutchins needs a referral to an expert witness, there is one source he always avoids – clients – and another he solicits only warily – law partners. A misguided referral from either one, he has learned, puts the relationship at risk and may send his expert search back to square one.
To Daubert or Not to Daubert
December 5, 2006
The defective ladder is a much-maligned icon of products liability law. But when an engineering expert gives his opinion on why a ladder fell, is his testimony based on observation or science? The answer is important, because it dictates whether a trial court must conduct a gatekeeper hearing under Daubert in advance of the expert's testimony.
Quick Guide to Electronic Discovery Rules
November 4, 2006
Major revisions to the Federal Rules of Civil Procedure take effect Dec. 1, governing discovery of electronically stored information. The product of years of study and debate, the new rules will forever change how lawyers conduct litigation.
Florida High Court Curbs Expert Testimony
November 4, 2006
Putting to rest a question that had divided the state's courts, the Florida Supreme Court ruled Nov. 2 that an expert may not testify on direct examination that he relied on consultations with colleagues or other experts in forming his opinion.
CAFC OKs Expert Testimony on PHOSITA
September 19, 2006
In proving obviousness in patent litigation, expert testimony may be used to establish the knowledge that a person of ordinary skill in the art would have possessed at a given time, the U.S. Court of Appeals for the Federal Circuit ruled Sept. 6.
Work Product Ruling at Odds With ABA
September 12, 2006
Just 10 days after the American Bar Association voted for a rule to bar discovery of communications between attorneys and their experts, the 6th U.S. Circuit Court of Appeals became the second federal appellate court to require such disclosure.