Common sense approach to Daubert objections to treating physician testimony
Judge Ashley Royal in the U.S. District Court for the Middle District of Georgia has made a common sense decision in response to one of those frivolous Daubert motions to exclude testimony of treating...
View ArticleFrivolous Daubert motions continue to seek exclusion of routine testimony by...
Many Daubert motions to exclude opinions of treating physicians are without merit. Continue reading...
View ArticleNew York appellate court relaxes Daubert tests on causation evidence
NY court warns against too strict an application of Daubert test can result in prematurely choking off valid claims. Continue reading...
View ArticleBuyers’ regrets on Senate Bill 3
When the Georgia General Assembly passed Senate Bill 3 — the "tort reform" conglomeration — in February 2005, most of the legislators hadn’t even read the entire bill, most of its provisions were not...
View Article“Super Lawyer” listing still OK in Georgia
Last month there was a news story about the New Jersey Committee on Attorney Advertising, a panel appointed by the Supreme Court of New Jersey ruling that attorney advertisements that tout listings...
View ArticleGeorgia Supreme Court rejects challenges to state version of Daubert
It comes as no surprise that the Supreme Court of Georgia rejected constitutional challenges to the Daubert rule on expert testimony in the newly released decision of Mason v. Home Depot. The text of...
View ArticleGeorgia follows common sense course on expert testimony
Daubert v. Merrell Dow Pharmaceuticals was a U.S. Supreme Court decision in 1993 that led to a sea change in standards for admitting expert testimony into evidence. Setting out a set of factors to be...
View ArticleBiased insurance medical exams reexamined
"Independent" medical exams are commonplace in personal litigation, workers compensation, and disability insurance contexts. Experience has made us cynical so that we now refer to these as "defense...
View ArticleTouch at trial – jurors lay hands on injured plaintiff
The “laying on of hands” can resonate powerfully. In my background, it has spiritual and theological implications as a ritual of blessing or of healing. Can this and other senses beyond sight and...
View ArticleFood poisoning proof is focus of Georgia Supreme Court decision
On a warm October afternoon two years ago, wearing one of the yarmulkes that Jewish funeral directors provide for non-Jewish attendees, I helped shovel red Georgia dirt into the open grave of an old...
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