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Articles Posted in Daubert

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Franchising Expert Witnesses & The Daubert Test

Franchise executive Don Sniegowski comments on the franchise case study by attorney Bruce Schaeffer in which Schaeffer concludes that one of the weakest links in franchisee court cases is often their own expert’s testimony. In Challenges to the Admissibility of Expert Financial Testimony, attorney Bruce Schaeffer followed all federal and…

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Recording Industry Expert Challenged

Defendant Marie Lindor, who was sued by the Recording Industry for allegedly infringing on their exclusive rights by downloading, distributing and/or making available for distribution certain sound recordings using an online media distribution system, has moved to exclude the trial testimony of the RIAA’s security expert witness, Dr. Doug Jacobson.…

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Is the Daubert Reliability Test the Most Radical Change in the Law of Evidence?

Given the extreme importance of expert testimony to litigation, is the reliability test for expert testimony set out in Daubert v. Merrell Dow Pharmaceuticals the most radical and consequential change in the modern law of evidence? Before Daubert, most courts in most circumstances required only that an expert witness be…

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