The purpose of a deposition is often straightforward. Ordinarily, a deponent is either a fact witness or an expert witness. If the former, the witness cannot be required to express opinions other than non-expert opinions allowed pursuant to Mass. Guide to Evidence...
In one of the latest intersections between technology and the courtroom, the Third Circuit has ruled that a particular brand of probabilistic genotyping DNA software (TrueAllele) is reliable enough to be used at trial. In a world of ever evolving technology, it is...
The problem: Most toxic tort trials involve only 1-2 defendants, despite the existence of evidence implicating numerous, even dozens, of other entities as contributing to the plaintiff’s exposure to a toxic substance. Because the trial defendant is the topic of the...
As multi-million dollar verdicts rise across the country, a new trend is emerging among defendants and insurers: retaining appellate counsel prior to trial. Naturally, trial attorneys are responsible for preserving arguments for appeal. But devastating verdicts and...
Another wrinkle has developed in the ever-changing landscape of bankrupt defendants within the asbestos and talc litigations. The 4th Circuit U.S. Court of Appeals affirmed a lower court decision earlier this month that allows Bestwall LLC to continue with their...
(New York, NY) - A New York City plaintiff has dismissed CMBG3’s client with prejudice, shortly after oral argument of its appeal before the Appellate Division, First Department. The plaintiff alleged that CMBG3’s client manufactured a dangerous product, claiming that...
In June 2023, the US Supreme Court voted 6-3 in a decision that significantly changed the way colleges and universities used affirmative action in their admissions. The targets of the lawsuit were Harvard University and University of North Carolina for alleged racial...
By: Matthew Lite, Esq. Experts often provide the most impactful and influential testimony a jury hears at trial. Unfortunately, even though many experts possess advanced college degrees and other impressive credentials, and testify with an air of confidence, that...
In yet another example of a Court refusing to extend a legal duty to defendants in an asbestos take home exposure case, the Arizona Supreme Court upheld a defendant's motion for summary judgment and rejected plaintiff's argument that a company's legal duty extends to...
In 1984, the United States Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., determined that, “where legislative delegation to [an] agency on particular question is implicit rather than explicit, [a] court may not substitute its...