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Beware of the Expert Too Willing To Please

Everyone hopes to have some ability to influence their expert witnesses.  Some attorneys try to control their experts by engaging in the risky approach of only providing them limited information....

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Relevance or Fit: A Key Element of Daubert

How experts misuse scientific literature: A critical element of Daubert, specifically stated, is that scientific literature used by experts to support their opinions must be relevant (or, fit) the...

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Calling All In-House Counsel: The Corporate Counsel Committee Wants You!

This summer the Corporate Counsel Committee will celebrate its one-year anniversary. In the first year, the committee expanded from 17 die-hard founding members to over 80 members strong—and those...

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Henricksen v. ConocoPhillips Co., 605 F.Supp2d 1142 (E.D. Wash., February 11,...

This is a toxic tort case wherein Plaintiff’s experts were excluded under Daubert principles and Defendant’s summary judgment motions for general and specific causation were granted.  The opinion by...

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Macy’s / J.C. Penney Martha Stewart Lawsuit is Not a Good Thing

On February 20, 2013, department stores  J.C. Penney Inc. and Macy’s Inc. faced off in a new arena – a New YorkState courtroom.  The two retailers are going to trial over Martha Stewart.  Macy’s suit...

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How Do You Keep Your Edge?

Juries resolve very few cases these days.  Statistics confirm that fewer civil cases are tried to verdict every year, and that only a small fraction of civil cases ever reach a jury.  With litigation...

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