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Full-Text Articles in Law
Can A Computer Read A Doctor's Mind? Whether Using Data Mining As Proof In Healthcare Fraud Cases Is Consistent With The Law Of Evidence, Colin Caffrey
Northern Illinois University Law Review
Healthcare fraud is a growing problem in the United States. Data mining is increasingly being used to combat it. After briefly explaining data mining, this article analyzes whether evidence obtained by data mining is admissible in court under the laws of evidence. It then examines the issue under both the Federal Rules of Evidence and the common law. This article focuses on three key questions: (1) Whether the use of prior acts by practitioners is proper under the law of evidence? (2) Is testimony based on data mining proper expert testimony? and (3) Does the methodology of data mining satisfy …
Clash Of The Titans: Daubert V. Markman - Fact Experts In Legal Hearings, Sam S. Han
Clash Of The Titans: Daubert V. Markman - Fact Experts In Legal Hearings, Sam S. Han
Sam Han
Almost every complex litigation invites participation from expert witnesses, typically designated as Daubert witnesses. Patent litigation is no exception, and almost all patent lawsuits involve multiple experts on a myriad of issues. During the course of patent litigation, a specialized proceeding, called a Markman proceeding, is required to properly construe the patent claims. Typically, Markman proceedings are dispositive of the entire case, since the party that wins the claim construction usually wins the infringement issues. Peculiarly, two Supreme Court cases create a practical schism in using Daubert experts for Markman hearings. Namely, the Supreme Court, in Markman v. Westview Instruments, …
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman
A Hedgehog On The Witness Stand-What's The Big Idea?: The Challenges Of Using Daubert To Assess Social Science And Nonscientific Testimony, Maxine D. Goodman
American University Law Review
No abstract provided.
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Waving Goodbye To Waiver? Not So Fast: Inadvertent Disclosure, Waiver Of The Attorney-Client Privilege, And Federal Rule Of Evidence 502, Elizabeth King
Campbell Law Review
Waiver of the attorney-client privilege due to inadvertent disclosure is an important issue that courts and litigants have grappled with for a long time. With electronic discovery becoming increasingly common, and with electronic privilege reviews replacing paper reviews, the issue takes on greater importance. The risk of inadvertently disclosing privileged or protected information is heightened in electronic discovery because of the very nature of electronic information. For example, although a party makes an effort to segregate and delete privileged information from a computer drive prior to producing the electronic documents to the opposing party, the deleted files may still be …