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Frequent Flier P-Side Expert Excluded Under Amended Rule 702

As we’ve discussed, such as here, Fed. R. Civ. P. 702 was amended in late 2023, because the Civil Rules Advisory Committee concluded that too many…

Sometimes Discovery Disputes Do Not Bring Out the Best in Us.   | EDRM - Electronic Discovery Reference Model

That is what makes the recent decision in M1 Holdings, Inc. v. Members 1st Fed. Credit Union, 2024 WL 182220 (N.D. Ill. Jan. 17, 2024), interesting.  Both of the disputing litigants...

Florida Bankruptcy Court Substantively Consolidates Debtor and Non-Debtor Entities

The Bankruptcy Code does not explicitly authorize the equitable remedy of "substantive consolidation"—i.e., treating the assets and liabilities of…

The "Two Hats" Problem: When Experts Are Open to Discovery

The "Two Hats" Problem: When Experts Are Open to Discovery – Minnesota Lawyer

Don't Be Too Nice When You Send a Preservation Notice | EDRM - Electronic Discovery Reference Model

I always advocate for civility and cooperation in e-discovery. But, it may be prudent to expressly threaten a lawsuit in a preservation notice.  It may also be cautious to avoid...

Will Amendments to Federal Rule of Evidence 702 Change Expert Witness Testimony in the EDVA? | Troutman Pepper

On April 24, Chief Justice Roberts forwarded to Congress amendments to Federal Rule of Evidence 702 governing the admission of expert testimony in the federal courts. The amendments...

Recent "Textbook" Analysis of Fed.R.Civ.P. 37(e) | EDRM - Electronic Discovery Reference Model

[EDRM Editor’s Note: This article was first published here on April 17, 2023 and EDRM is grateful to Michael D. Berman, founder and managing director of E-Discovery LLC for permission...

Hearsay by Definition: The First Step of the Hearsay Analysis

There's a treasure trove at step 1 of the hearsay analysis.

Proposed Amended FRE 702 Confirms Court as Gatekeeper of Expert Testimony | Pillsbury Winthrop Shaw Pittman LLP

New changes to Federal Rule of Evidence 702 will clarify the courts’ responsibility to determine the admissibility of expert testimony. Forthcoming amendments to FRE 702...