Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Law School Toolbox Podcast Episode 296: Listen and Learn -- Hearsay Exceptions: Government and Business Records
Federal Rules of Evidence 701 and 702 govern the admissibility of lay and expert opinion testimony, respectively, in federal courts. Rule 701(c) helps paint the line between the two, providing that an opinion “based on...more
In a list of Music Industry Terms Every Artist Should Know, “One Sheet” is defined as a “single-page document that highlights an artist’s new music and summarizes their bio, stats, and achievements. It’s given to media,...more
US courts are issuing guidelines to ensure litigators disclose any use of generative AI in legal proceedings. By now, most of us have heard a story about the misuse of generative AI in the practice of law: the attorney...more
On 6 June 2024, Sascha Grimm from our London office, Teresa Michaud from our Los Angeles office and Jonas Koponen from our Brussels office hosted a webinar on Cross-Border Considerations for Protecting Privileged Evidence....more
The newest episode of the Subro Sessions podcast, hosted by associates, Ryan Bennett and Melissa Kenney, is entitled “Getting Control of an Accident Scene and Ensuring Evidence is Preserved.” Ryan and Melissa discuss fire...more
In our recent article covering litigation privilege and its reach to expert support (available here) we considered whether litigation privilege may be claimed over all the correspondence with a third party expert / a...more
When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more
If you’re an attorney, a paralegal, an investigator, a law enforcement officer, or even if you just watch a lot of legal dramas on television, you’re likely familiar with the term “chain of custody”....more
Significant revisions to the federal rule governing the admissibility of expert evidence will go into effect December 1. The evidence rule changes appear to raise the bar slightly for admission of expert evidence, requiring...more
Misconceptions and false truths permeate the realm of domestic violence court proceedings, muddying the waters and obscuring the true nature of these vital legal processes. One such misconception revolves around the mistaken...more
Hearsay is simple enough to define – it is an out of court statement offered for the truth of the matter asserted. But practicing attorneys know that the definition of hearsay is deceptively complex. Questions like, “what is...more
The state of Colorado takes a strong stance against domestic violence and recognizes its devastating effects on individuals, families, and communities. Colorado's domestic violence laws are strict in order to protect victims...more
Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law. But California has passed a new “apology law” that modifies that standard, erecting a...more
An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine. A new proposal proffered by the Commercial Division Advisory Council (“CDAC”), put out for...more
On 4 November 2022, in the case of FCA v Papadimitrakopoulos & Gryparis1 , the UK High Court reaffirmed the principle that information obtained via Mutual Legal Assistance (MLA) requests can only be used for the purpose for...more
Class certification is the feature fight of any putative class action lawsuit. If granted, it can multiply the stakes of a case several hundred- or thousand-fold. If denied, it can signal the end of the litigation. Because of...more
If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and...more
The United States District Court for the Southern District of New York provided another victory for the admissibility of diffusion tensor imaging. Defendant moved in limine to preclude the trial testimony of four of the...more
One of the golden rules that we are taught as children is to apologize when we have hurt or wronged someone. And while the words “I’m sorry” do not mitigate the actual harm done, we understand that they can go a long way in...more
A recent 104-page opinion from the Eleventh Circuit Court of Appeals in Carrizosa v. Chiquita Brands International Inc. provides a tutorial on a wide variety of federal evidentiary, summary judgment, expert, and preservation...more
Whether a property damage loss involves vehicle impact, structural collapse, construction defect, equipment failure, fire or explosion, hail, lightning, storm, animal activity, or water, at some point the expert may need to...more
Kemp v. United States, No. 21-5726: This case concerns whether the word “mistake” in Rule 60(b)(1) of the Federal Rules of Civil Procedure applies to a judge’s error of law. Rule 60 authorizes a district court to reopen a...more
Public inquiries have consistently made headlines in recent months. This type of inquiries typically focuses on major incidents that have significantly impacted a large number or group of people. ...more
The Alberta Court of Queen’s Bench, in CNOOC Petroleum North America ULC v. 801 Seventh Inc., struck out material portions of two expert reports filed by the plaintiff on a pre-trial basis. This complex trial is scheduled for...more
The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522...more