Court Opinions
The Prongs of a Daubert Analysis: Eleventh Circuit Offers Guidance to Lower Courts
In personal injury cases, the outcome can often hinge on a “battle of the experts.” Part of this battle often involves...
Eleventh Circuit Reminds Lawyers About Low Bar to “Authenticating” Evidence
At virtually every trial, in addition to calling witnesses to testify, you’ll need to offer physical evidence—emails, letters, text messages, screen shots,...
Eleventh Circuit Questions Trial Court’s Admission of 404(b) Evidence
In the past, I’ve written about so-called “propensity” evidence—evidence that tends to show that, because a criminal defendant did some...
Opinion From Federal Judge Underscores the Importance of the Federal Rules of Evidence at the Summary Judgment Stage
Many civil cases never make it to trial, instead getting resolved at an earlier stage, including the summary judgment stage. But,...
S.D. Fla. Federal District Judge Addresses Hearsay and Other Evidentiary Issues in Two Criminal Cases
In many criminal trials, defendants don’t put on an affirmative case. In other words, they don’t call their own witnesses or...
Court Analyzes Psychotherapist-Patient Privilege
Most lawyers are very familiar with the attorney-client and work product privileges, including when they apply and how they might...
Eleventh Circuit Says District Judge Got 403 Analysis Right
Judge Bruce Selya—a federal appellate judge who sits on the U.S. Court of Appeals for the First Circuit—is fond of...
Eleventh Circuit Allows Stolen Identity Evidence in Drug Case
In federal criminal cases, the government can’t offer so-called “propensity” evidence—evidence that tends to show that, because the defendant also...
FRE 702: Ninth Circuit Holds that District Court Erred When it Abdicated Daubert Gatekeeping Role
In many cases, a party needs to offer expert testimony to prove its case. Before such testimony can be presented to...
The Former Testimony Hearsay Exception: When Can a Court Treat the DOJ and SEC as the Same Party?
When can a court treat the Department of Justice and the Securities and Exchange Commission as the same “party” for...