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Vanishing Point: Alzheimer's Disease And Its Challenges To The Federal Rules Of Evidence, Ann Murphy
Vanishing Point: Alzheimer's Disease And Its Challenges To The Federal Rules Of Evidence, Ann Murphy
Ann Murphy
ABSTRACT Vanishing Point: Alzheimer’s Disease and Its Challenges to the Federal Rules of Evidence As of 2012, an estimated 5.4 million Americans suffer from Alzheimer’s disease (AD). By the year 2030, due to the overall aging of our population, the number of individuals with AD is expected to increase dramatically. Courts will consequently confront evidentiary issues involving parties, defendants, witnesses, and victims who are suffering from various stages of the disease. Testimony of course involves descriptions of events that happened in the past and thus frequently involves memory. This article explores three specific areas of evidence that will be affected …
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, …
If The Glove Don’T Fit, Try Newer Gloves: The Unplanned Obsolescence Of The Substantial Similarity Standard For Experimental Evidence, Jonathan M. Hoffman
If The Glove Don’T Fit, Try Newer Gloves: The Unplanned Obsolescence Of The Substantial Similarity Standard For Experimental Evidence, Jonathan M. Hoffman
Jonathan M Hoffman
In the context of a recent Fifth Circuit decision, this article reviews the law concerning the admissibility of “experimental” and demonstrative evidence. The standards used to determine the admissibility of both categories of evidence predate the Federal Rules of Evidence. These standards for admission of such evidence are obsolete and at odds with the Federal Rules. The issue is particularly important in the wake of the Kumho Tire decision and the 2000 amendments to Federal Rule of Evidence 702, as engineers and other technical experts are increasingly called upon to test their hypotheses, even as the courts’ continued use of …