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.
Punitives: Insurers Lose One and Prevail in Another
June 28, 2006
Insurance companies won one and lost one in two recent appeals of multi-million-dollar punitive damages awards. While both cases hinged on the insurers' duty of good faith and fair dealing, the two appellate courts reached opposite outcomes on whether the duty applied.
Ruling Clears Way for Computer Animations
May 9, 2006
If a picture is worth a thousand words, then a computer-generated animation is no doubt a powerful courtroom tool. But while the use of CGAs is becoming more common in trials to illustrate the testimony of expert witnesses, their admissibility in many states remains uncertain.