Water Quality Data in Environmental Litigation

Water Quality Data in Environmental Litigation

Water Quality Data in Environmental Litigation; When a case involves environmental chemistry (water, sediments, soils, rocks) or animals (population sizes, distributions, habitat relations) getting the statistical analyses of available data correct — and communicating them to the finders of fact… Continue Reading

Expert Witness Disclosure: Litigation & Consulting Professionals

Rules of an expert witness disclosure apply only to testifying experts

Expert Witness or Consultant An expert witness disclosure is required if the expert is retained to testify at trial.  However, consulting expert disclosures, or additional disclosures of testifying experts are protected, such as the expert’s reports and depositions to be conducted.… Continue Reading

Expert Witness’s Bias: Distinction Between Admissibility & Weight of Evidence

Bias can result inDisqualification of Expert Witness

Generally, if there are concerns about an opposing party’s expert witness bias; it has been argued that their evidence has been given less weight. Recent decisions have been established that this measure is no longer effective, unless bias is sufficiently… Continue Reading

Recreational & Medical Marijuana: Pain Relieving and other Medical Properties

Recreational & Medical Marijuana Plant

Although, recreational marijuana usage is controversial, a growing number of states have passed marijuana laws for recreational purposes, and medical use. In some states, adults over the age of 21 are allowed to use cannabis for recreational purposes. Some medical… Continue Reading

Promissory Notes – Traps & Tips

The Trap Although appearing relatively simple in concept, a promissory note and the accompanying loan documents can be very complex in construction. Additionally, the attorney must insure that its terms and conditions of the note and other loan documents comply… Continue Reading

Adversarial Bias: Expert Testimony in Modern Litigation

Some Daubert opponents often argue that any reliability test is improper for expert testimony, and eyewitnesses’ testimony is not subject to any special reliability test. In this regard, the modern rules for expert testimony assert that such testimony is susceptible… Continue Reading

Expert Witness Methodology & Principles the “Key” to Admissibility

In Daubert, the court underlines that admissibility should be based only on an examination of the expert’s principles and methodologies and not on the conclusions that they arrive. That is, whether those principles and methodologies can be challenged in some… Continue Reading

Daubert Challenges To Exclude Expert Witness Testimony

In most cases, attorneys may be able to successfully use Daubert challenges to exclude scientific expert witness testimony and testimony based on technical or other specialized knowledge as well.  In evaluating the reliability of an expert’s testimony, the Daubert court… Continue Reading