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Del. Supreme Court: Trial Judge Misinterpreted Expert Testimony Precedent

Originally published in the Delaware Law Weekly, an ALM Media publication, on August 22, 2018. By: Tom McParland   The Delaware Supreme Court has revived medical negligence claims against a doctor and a women’s health clinic, finding a lower court judge improperly excluded expert testimony regarding a procedure gone wrong. A three-judge panel of the hig... Read More >

Ford Appeals Sanctions in Roof Crush Case

Originally published in the Daily Report, an ALM Media publication, on August 17, 2018. By: Kathryn Tucker   Ford Motor Co. is appealing what its lawyers are calling civil capital punishment in a contentious roof crush case that ended in a mistrial. Ford lawyers have repeatedly asked to file interlocutory appeals in the product liability wrongful death ... Read More >

Facebook Evidence Authentication: Another ‘Boring’ E-Disco Opinion (Part I)

Originally published in the The Legal Intelligencer, an ALM Media publication, on August 30, 2018. By: Leonard Deutchman   Editor’s note: This is the first in a two-part series. In my January and June 2018 columns, I wrote about how great it was to read boring e-discovery opinions. By “boring” opinions, I meant those which applied longstanding legal pri... Read More >

Expert Witnesses Should Avoid Puffery

We have cautioned before about following the practices of other business-to-business professional services marketing.  It is not simply communicating the benefits of your services to prospects.  For you, as an expert witness, reaching attorney prospects is only the tip of the iceberg. Once an attorney determines you are possibly the right expert for the case... Read More >

Is Insurance a Safety Net for Phishing or Whaling Attacks?

Originally published in the Daily Business Review, an ALM Media publication, on August 8, 2018. By: Walter J. Andrews Just when one thought it was safe to go back into the water companies are being victimized by sophisticated and pervasive social engineering fraud attacks. “Social engineering fraud” is a broad term that generally refers to computer scams use... Read More >

Jury Returns $1.55M Verdict for Failure to Prevent Jail Inmate’s Suicide

Originally published in the New York Law Journal, an ALM Media publication, on June 21, 2018. By: Charles Toutant The family of a man who killed himself while being held in the Ocean County Jail was awarded a $1.55 million verdict Wednesday in a suit claiming jail administrators failed to follow their own suicide-prevention policy. The jury found that Ocean ... Read More >

Reducing the Legal Challenges of Employing Independent Contractors

Originally published in the Corporate Counsel, an ALM Media publication, on June 26, 2018. By: John A. Pearce The employer-employee relationship is being transformed by technology’s impact on business as witnessed by the soaring number of independent contractors. As a percentage of the total workforce it has doubled in the past 10 years to 12.9 percent. Unfo... Read More >

NY Courts May Take Judicial Notice of Google Maps Under New State Law

Originally published in the New York Law Journal, an ALM Media publication, on June 25, 2018. By: Dan M. Clark Using digital mapping services in court will be easier for litigants thanks to a bill passed by the state legislature last week. Senate Bill S9061, sponsored by State Sen. Michael Gianaris, D-Queens, will allow judicial notice of online web mapping ... Read More >

Providing Opposing Expert’s Report

By: Dennis J. Ryan, Forensic Document Examiner Many times, the issue comes up as to whether an expert should see the opposing expert’s report. In the initial phone call or email, the attorney may inform the expert that opposing counsel has retained an expert, but they are not sure of his or her name. Other times, the attorney may casually include the ... Read More >

Medical Examiner’s Report Inadmissible in Wrongful Death Case, Appellate Division Rules

Originally published in the Daily Business Review, an ALM Media publication, on January 25, 2018. By: Dara Kam. A New Jersey appeals court has ruled that a plaintiff in a wrongful death action does not have an absolute right to use a medical examiner’s death certificate as evidence to support his or her claim. The Appellate Division panel... Read More >

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