By Brian P. Henry, J.D.

Decades ago, the use of experts in litigation was reserved for the most complicated and technical cases. Before the issuance of enhanced evidentiary rules in the mid-1990’s, practically anyone having some knowledge about a particular topic could offer opinion testimony without a court intervening to any great degree. Not surprisingly, those days are long gone, and the “testifying expert” has become a mainstay in almost all areas of the law. Continue reading »

By Randolph Jonakait

In the Supreme Court decision, Daubert v. Merrell Dow Pharmaceuticals, Inc., 113 S.Ct. 2786 (’93), the Court tackled the important topic of “scientific evidence” but its resolution raises, without answering, important questions about evidence interpretation.

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