A murder defendant in Tennessee wanted to introduce testimony from a crime scene reconstruction expert to corroborate his testimony that the murders were committed by other individuals. The trial judge excluded that testimony. In a recent decision, the Tennessee Supreme Court reversed the conviction on the ground that the defendant should have been allowed to […]

A 2015 shootout at the Twin Peaks restaurant in Waco, Texas resulted in a charge of “directing organized criminal activity” against Jacob “Jake” Carrizal in McClelland County Court. The prosecution claims that Carrizal is a leader of the Dallas chapter of the Bandidos motorcycle gang, and that he directed its members to bring guns to […]

A California Appeals Court will allow a cancer patient’s lawsuit against the maker of a talcum powder that may have contained lethal levels of asbestos to go to trial. Mary Lyons’ Mesothelioma Mary Lyons was diagnosed with malignant mesothelioma in October 2015. Malignant mesothelioma is a cancer commonly caused by asbestos. Asbestos can be inhaled […]

A decision by New Jersey’s Appellate Division to reinstate 2,100 Accutane lawsuits has spurred a renewed effort by business groups to persuade New Jersey to adopt the Daubert standard of expert opinion admissibility. The Appellate Division, an intermediate appellate court, concluded that a trial judge improperly excluded the proposed testimony of plaintiffs’ experts to establish […]

Allegations of legal malpractice must typically be supported by the opinion of an expert witness. A legal professional will usually provide an expert opinion that the lawyer who has been sued failed to provide the standard of representation that a reasonably competent lawyer would provide. In addition to proving the lawyer’s negligence, a plaintiff must […]