Expert Witnesses

  • Juan Monteverde and Alexandra Marchuk

    Boutique Law Firms, Defamation, Labor / Employment, Partner Issues, Plaintiffs Firms, Sex, Sex Scandals, Small Law Firms, Women's Issues

    Alexandra Marchuk v. Faruqi & Faruqi: Bad News For The Defendants

    What two blows have just been dealt to Juan Monteverde and Faruqi & Faruqi in this salacious litigation?

    12 Comments / / Jul 23, 2014 at 5:36 PM
  • boy victim with electricity

    Bad Ideas, Boutique Law Firms, Legal Ethics, Litigators, Small Law Firms, Trials

    Shocking Testimony! Literally — Lawyer Administers 750-Volt Shock To Witness

    For a litigator, theatrical flair can easily backfire. Like when you try to electrocute the other side’s witness.

    14 Comments / / May 6, 2014 at 1:14 PM
  • These are probably too high.

    Drugs, DUI / DWI, Law Schools, Non-Sequiturs, SCOTUS, Sex, Supreme Court

    Non-Sequiturs: 03.04.14

    * How high can your heels be for a job interview? [Corporette]

    * If you think your client is committing securities fraud, the Supreme Court has good news! Sarbanes-Oxley’s anti-retaliation protection extends to Biglaw associates. [Whistleblower Protection Law Blog]

    * Here’s more on today’s Chevron ruling from the perspective of the energy community. [Breaking Energy]

    * The California Bar eJournal is running a poll asking the question, “Do you believe that the law school you attended prepared you to practice law?” The results may surprise you! (Shhh! No they won’t.) [Survey Monkey]

    * An accused killer asks to withdraw his guilty plea by calmly explaining to the judge that he was high as a kite when he pleaded guilty and that his lawyer was busy boning the prosecutor. He earns an A for effort on that one. [Albany Times-Union]

    * Chris Christie’s former campaign manager, Bill Stepien, appears to be the target of a federal investigation. It’s a bad time to be in Christie’s orbit. [Bergen County Record]

    * Third time’s the charm! Kevyn Orr, Detroit’s Emergency Manager, is making his third bid to authorize a giveaway to the banks settle a massive derivatives deal that played a big role in Detroit’s financial woes. The judge overseeing the case rejected the prior proposals and may do the same again since the new deal grants UBS and Merrill Lynch a release from liability for the events surrounding a billion dollar deal. [Demos]

    * Kerry Kennedy beat her DUI charge in no small part due to the testimony of the toxicology expert. [The Expert Institute]

    * Police tried to hide their use of a cell phone tracker from the courts. Apparently the manufacturer asked them to. Oh well, if a corporation wants privacy violations kept quiet, that’s different. [ACLU]

    * A follow-up from an oldie but goodie, the judge who changed a baby’s name from “Messiah” to “Martin” based on her personal religious beliefs received a public censure. Perhaps fittingly, the censure was less critical of changing “Messiah” than changing it to “Martin.” I mean, that’s just cruel. [Huffington Post]

    * More on Mayer Brown’s uncomfortable lawsuit against a city for erecting a WWII memorial. [The Careerist]

    1 Comment / / Mar 4, 2014 at 5:02 PM
  • Basketball_through_hoop

    Crime, Education / Schools, Election Law, Jury Duty, Non-Sequiturs, Police, SCOTUS, Sports, Supreme Court

    Non-Sequiturs: 02.21.14

    * The Ed O’Bannon suit against the NCAA will proceed to trial in June barring settlement. Football writer/genius Spencer Hall put it best when he described the hearing as “a judge looks at amateurism and says ‘this is bulls**t’ in legalese.” [Sports Illustrated]

    * McCutcheon will usher in even more campaign finance excess, but could alleviate gridlock. Plutocracies are efficient! [Election Law Blog]

    * Hold the phone! Coerced confessions aren’t admissible? Next thing you’ll tell us is waterboarding is illegal. Thanks Obama. [New York Law Journal]

    * Juror who couldn’t stop using Facebook didn’t cause a mistrial because he didn’t post any details about the case. In other news, he really needs a goat in FarmVille you guys, so if anyone can hook him up, that’d be great. (Alternative heading for this one: “11 Angry Men, 1 ‘Likes This’”) [IT-Lex]

    * Disbarred lawyer mistakenly allowed to serve as a judge. But only for about 16 years, so it’s all cool. [Washington City Paper]

    * “The first thing we do, let’s kill all the [Baby Boomer] lawyers.” [Law and More]

    * A California lawsuit argues that pro-teacher policies in the state are hurting education. The defendants point to the fact that California’s educational administration and funding in the state is best described as a “sh*tshow.” Experts are fighting it out with some novel metrics. [The Expert Institute]

    * Elie talks about the new ad for cameras in the Supreme Court and the EPA’s power to regulate greenhouse gases on Legalese It! with Mike Sacks. Video embedded below… [Huffington Post Live]

    2 Comments / / Feb 21, 2014 at 5:05 PM
  • iStock_000015388527XSmall

    Antonin Scalia, Drinking, DUI / DWI, Football, Non-Sequiturs, Sports, Supreme Court

    Non-Sequiturs: 01.17.14

    * Once again, a group is about to learn that “not being able to do whatever you want, whenever you want” is not really a Constitutional violation. This time it’s snowboarders. [St. Louis Tribune] * Justice Scalia’s snarky lesson in public speaking 101 continues to divide commentators. [The Blog of the Legal Times] * Former […]

    1 Comment / / Jan 17, 2014 at 4:39 PM
  • "Hey, kids! Just keep clicking the 'Mommy's Credit Card' button!"

    Biglaw, Health Care / Medicine, Music, Non-Sequiturs, Police, Prisons, Religion, Sports, Supreme Court, Technology

    Non-Sequiturs: 01.16.14

    * The feds say that Apple has agreed to pay “at least $32.5 million in refunds” to people who didn’t realize their children were racking up huge bills in FarmVille and the like. It’s good to see parents won’t actually have to pay for their absentee parenting. [Washington Post]

    * It’s a good day for successful — kind rapey — pop songs, as the family of Marvin Gaye decided that they “Got to Give It Up” and settled with Sony over alleged copyright infringement by the Robin Thicke song, Blurred Lines. [Rolling Stone]

    * Apparently the Florida Bar Association took a look at the state of the judicial system and decided to screw it and start selling baking utensils. Or it was hacked. But probably they just gave up. [IT-Lex]

    * Tailgating at the Yale-Harvard game is way more dangerous than I’d realized — a clutch of Yale frat bros (what is the proper collective noun for Elis) have been sued over an incident where a U-Haul loaded down with kegs struck and killed one person. [Jezebel]

    * A hearing was cut short in New Orleans when an inmate arrived from the prison high as a kite on illicit drugs he procured in custody. Way to run a tight ship, New Orleans. Maybe I shouldn’t be so hard on them. After all, they just got their “inmates unintentionally set free due to clerical oversight” statistic back down to zero. [New Orleans Times-Picayune]

    * A rundown of high-profile cases that turned on expert witnesses. Good to see that everyone’s favorite “affluenza” made the list. [The Expert Institute]

    * Cable news has really botched their coverage of Little Sisters. For example, if you think Obamacare requires religious institutions to offer coverage for contraception, then you’ve been duped. [Constitutional Accountability Center]

    * To shake things up, let’s check out a defense of stop-and-frisk policies. If a society isn’t prepared to pay for police protection, it’s likely to find cops resorting to these sorts of short cuts. [Voice of San Diego]

    * Musings on Staci’s recent piece on law firm client service and/or arrogance. [Law and More]

    * A Little League coach is suing one of his players for $600,000. Something tells me a reboot of Bad News Bears would end exactly like this. Video of the story from local news channel KCRA embedded below…. [Deadspin]

    1 Comment / / Jan 16, 2014 at 5:29 PM
  • Andy_Warhol_by_Jack_Mitchell-RF

    Art, Movies

    Andy Warhol Gives Everyone Their 15 Minutes In Court

    Two lawsuits over Andy Warhol works manage to sum up the artist’s legacy perfectly: glittering, drama-fueled celebrity and making way too much money out of the utterly mundane.

    2 Comments / / Dec 10, 2013 at 3:22 PM
  • iStock_000016807530XSmall

    2nd Circuit, Fashion, Jury Duty, Law Schools, Non-Sequiturs, Sexual Harassment, Shira Scheindlin, Student Loans, Technology

    Non-Sequiturs: 11.26.13

    * Santa Claus arrested for sexually harassing an 18-year-old elfette. She started getting suspicious when he kept looking at her and proclaiming “Here Cums Santa Claus.” [The Smoking Gun]

    * Atlanta jury questionnaire lists “slave” as an occupational option. There’s a lot of outrage, but they were just covering their bases — a potential could have just moved there from Mississippi. [11 Alive]

    * Speaking of juries, a long-time prosecutor ends up on a jury and sums up the 10 things he learned from his jury experience. [Texas Evidence]

    * The Second Circuit’s decision to remove Judge Scheindlin from the stop-and-frisk case was bad enough — especially since it was an unprecedented overreach for a circuit panel when no one requested her removal — but its true cost is in chilling justice down the road, when judges start to look over their shoulders for fear that an activist appellate panel is out to get them. [WiseLawNY]

    * Interesting question: what do you wear under a 3/4-sleeved blazer? I’d wear a T-shirt that says, “I give 3/4 of a damn today,” but most lawyers would disagree. [Corporette]

    * Apple hired CPA Julie Davis as a damages expert in its case against Samsung. Whatever she was paid, it wasn’t enough — the jury singled out Davis as the reason they awarded Apple $290 million. [The Expert Institute]

    * Remember when we talked about how much the government profits off your law school debt? Well, the totals are in, and the government pulled down $41.3 billion off you this year. [USA Today]

    * In the spirit of funny flowcharts, here’s a decision tree to help make that decision about going to law school. Image after the jump…

    This came to us courtesy of a 2L at a T14 law school who asked to remain anonymous (click for a larger version of the image):

    3 Comments / / Nov 26, 2013 at 5:14 PM
  • Copy - Paste concept on modern aluminum keyboard.

    China, Law Professors, Law Schools, Wikipedia

    T14 Law Professor Wildly Plagiarized Wikipedia In Expert Report, Say Defense Lawyers

    The fight of an expert report turns ugly when the defense charges that a prestigious law professor lifted large sections off Wikipedia.

    15 Comments / / Nov 25, 2013 at 12:17 PM
  • Amanda_Bynes_cropped

    J. Harvie Wilkinson III, Law Schools, Non-Sequiturs, Randy Barnett, Shopping, Videos, Women's Issues, YouTube

    Non-Sequiturs: 11.21.13

    * Amanda Bynes is deemed mentally competent to stand trial. I’d seek a second opinion. [TMZ]

    * Male bosses are more popular than female bosses according to Gallup. This probably reveals persistent chauvinism in the workplace, but given Gallup’s track record the last couple of elections, female bosses may well be beloved. [The Careerist]

    * Competing construction experts tussle over the proper way to build a parking garage. The correct answer is: in a way that doesn’t fall down. [The Expert Institute]

    * Jay Edelson and Chandler Givens offer their second installment addressing how to fix the legal profession. This time the target is the law school model. Join the revolution! [Legal Solutions Blog / Thompson Reuters]

    * Here’s Corporette’s Suit of the Week! [Corporette]

    * If you’re representing a defense contractor, it’s a lot easier to export their wares these days. But the system isn’t fully reformed yet. [Breaking Defense]

    * The Society for Chinese Law is hosting an evening of food and drinks featuring a panel of professionals from major law firms. [Society for Chinese Law at Columbia Law School]

    * For those who missed (or only followed along on Twitter) the FedSoc debate between Professor Randy Barnett and Judge Wilkinson on whether judges are too deferential to legislatures, the full video is available after the jump. [The Volokh Conspiracy]

    1 Comment / / Nov 21, 2013 at 5:07 PM
  • rising bar graph

    Biglaw, Football, Insider Trading, Intellectual Property, Law Schools, Morning Docket, Patents

    Morning Docket: 11.13.13

    * Citi reports that firms saw a revenue jump of 2.7 percent in the third quarter. Revenue has now finally outpaced expenses for the year. Let the good times roll? [The AmLaw Daily]

    * In regulatory fun, the Comptroller of the Currency issued a whole mess of new regulations on how banks can use consulting firms to comply with enforcement orders. In a nutshell, consultants should do their jobs rather than rubber stamp for the banks. Once again regulation arrives long after common sense required it. [Washington Post]

    * A new company called Fantex Holdings might turn your fantasy football chatter into insider trading by securitizing athletes. Now TacoCorp can endure an SEC investigation just like real companies. [Corporate Counsel]

    * Microsoft’s top IP counsel [Corporate Counsel]

    * Harvey Updyke, the Alabama fan who destroyed Auburn’s landmark trees, owes $796,000 according to a judge. Roll Tide. [Courthouse News Service]

    * Veterans applying to law school should take these tips to heart. [Blueprint Prep]

    * The Amanda Knox trial has a ton of experts involved. No defendant, but a ton of experts. [The Expert Institute]

    5 Comments / / Nov 13, 2013 at 9:09 AM
  • Hunter_S._Thompson,_1988_crop

    2nd Circuit, Fashion, Intellectual Property, Loyola Law School, Non-Sequiturs, Ruth Bader Ginsburg, SCOTUS, Shira Scheindlin, Supreme Court, Trademarks

    Non-Sequiturs: 11.01.13

    * In 1967, Hunter S. Thompson explored the wild and crazy world of the Hell’s Angels. In 2008, FX premiered Sons of Anarchy. In 2013, the Hell’s Angels are filing intellectual property suits. Hard. F**king. Core. [Houston Chronicle]

    * Who’s your favorite Disney princess? I’d say RBG. [Women You Should Know]

    * Some folks are scared that recent FERC settlements are too aggressive and could “unravel the entire power market.” That’s either hyperbole or the scariest thing in the universe ever. [Breaking Energy]

    Loyola Law School started a fashion law program to serve this burgeoning industry. Pretty interesting stuff. And if you want to meet Staci Riordan, the woman responsible for setting up this program, join our Staci Zaretsky in L.A. on November 12, when she hosts a panel of fashion law experts including Riordan . It’s dueling Stacis! [Fashionista]

    * The discriminating woman’s guide to buying pearls. I figured y’all just pulled identical necklaces out of a drawer like Marge Simpson. [Corporette]

    * In cases of sex abuse, the expert witness is incredibly important. [The Expert Institute]

    * Here’s a look at what may be next for Judge Scheindlin, who gave interviews revealing her bias because she said stuff like the government is not entitled to deference and should be forced to make its case. Oh my God, IMPEACH!!! [Ramblings on Appeal]

    * Speaking of Judge Scheindlin, Elie was on HuffPo Live today discussing the ruling. Video embedded after the jump (around 11:08)….

    2 Comments / / Nov 1, 2013 at 5:04 PM
  • So I says to Mabel, I says, "how do I avoid the Rule Against Perpetuities?"

    Department of Justice, Election Law, John Roberts, Labor / Employment, Non-Sequiturs, SCOTUS, Supreme Court, UVA Law

    Non-Sequiturs: 06.28.13

    * Half-Law office, Half-Barbershop. That makes sense, I’ve seen some haircuts that should be crimes. We hear they even have a $5 haircut special called “The Misdemeanor.” [New Britain Herald]

    * The editors of Ramblings on Appeal give their takes on Shelby County. Rarely has truer legal analysis been offered than characterizing Roberts’s decision as, “Oh and I have five people on my side, you only have four, so take that.” [Ramblings on Appeal]

    * UVA law professor Chris Sprigman has co-authored an op-ed calling out the NSA. Oh, that guy’s phone is getting tapped. [New York Times]

    * The Expert Institute continues to draw from popular culture to coach expert testimony. This time it’s Game of Thrones. It’s a handy set of lessons, but “Never Trust a Frey” deserved mention. [The Expert Institute]

    * The Justice Department is bringing on unpaid attorneys because slave labor is awesome and unpaid internships are never elitist and discriminatory. [Pro Publica]

    * On that note, Bar President calls for an end to unpaid 3L internships. Video after the jump…

    5 Comments / / Jun 28, 2013 at 5:12 PM
  • Cellphones, Layoffs, Michael Jackson, Movies, Non-Sequiturs, Politics, Staff Layoffs, Technology, Trials

    Non-Sequiturs: 06.21.23

    * I would totally go see “Jaws 2013: Lawyers On The Beach.” [The Legal Geeks]

    * Downey Brand laid off support staff this week. Man, I thought that laundry detergent was recession-proof… oh, wait, I’m being told that Downey Brand is law firm, a very well-scented law firm. [ABA Journal]

    * Sleep expert testifies in Michael Jackson case. Keeps jurors awake! [Expert Witness Blog]

    * It’s illegal to burn you ex’s clothes? Bah. Next you’re going to tell me you can’t set fire to his car. [Legal Juice]

    * Manhattan District Attorney Cy Vance’s inability to prosecute his political rivals makes it harder for him to do whatever he wants by threatening his political rivals with prosecution. That’s not exactly a bad thing. [Simple Justice]

    * Oh look, the FAA might finally acknowledge that making people turn off their electronic devices during takeoff and landing is a stupid rule that has absolutely no bearing whatsoever on flight safety. [Wall Street Journal]

    1 Comment / / Jun 21, 2013 at 5:03 PM
  • Two_Cell_Phones_2

    Guns / Firearms, Law Schools, Movies, Non-Sequiturs, Police, Religion, Tax Law

    Non-Sequiturs: 06.18.13

    * As we noted last week (third item), Judge Rosenbaum recognized that the government was bound to have phone records of the defendant since they were dragnetting the whole friggin’ country. Now the government has responded and predictably claims that this is all classified. [Southern District of Florida Blog]

    * Speaking of follow-ups, remember how NYU Law was using non-profit slush funds to pay for housing for professors? Well, they also provided sweetheart loans for summer houses. [New York Times]

    * The battle rages over the admissibility of audio expert witness testimony in the George Zimmerman trial. At least Howard Greenberg isn’t going to be there to call them all whores. [The Expert Institute]

    * With the NYPD’s “stop and frisk” policy about to get smacked down in federal court, it’s important to remember there’s nothing wrong with “stop and frisk” — just every single way that it’s been applied for over a decade. [Vocativ]

    * For our law professor readers, cognitive psychology says you get more fair results if you grade exams by question rather than grading the whole exam at once. It also means you’re not as likely to find 15 whole exams missing and fail to grade one student’s exam for weeks on end (in fairness, I ran into Professor Winkler and he assures me he eventually graded that exam). [Concurring Opinions]

    * Communications between Superman and a minister in Man of Steel would likely be shielded by Kansas law. A better question is what law are we going to use to prosecute Superman for wontonly demolishing a city? [The Legal Geeks]

    * If you’re living the Bitcoin lifestyle, you’re probably about to get taxed. [TaxProf Blog]

    1 Comment / / Jun 18, 2013 at 5:34 PM
  • pimp-drosselmeyer-RF

    Crime, Sex

    Lawyer Compares Expert Witness to Street Walker

    Criminal defense lawyers say the darnedest things.

    4 Comments / / May 15, 2013 at 11:33 AM
  • 220px-JohnFK

    D.C. Circuit, Department of Justice, Non-Sequiturs, Privacy

    Non-Sequiturs: 05.14.13

    * Even JFK had mommy issues. Unfortunately, his came with possible nuclear armageddon. [Lowering the Bar]

    * Washington, D.C. is a horrible back-biting hellhole. Except for the D.C. Circuit, where Judge Tatel and Chief Judge Sentelle apparently hold weekly kumbaya circles and talk about their feelings. [Concurring Opinions]

    * Prosecutors file motions to keep George Zimmerman’s lawyers from bringing up Trayvon Martin’s past in the trial. Probably because “getting into school fights” is not particularly probative of “deserved to get murdered.” [WKMG]

    * Another look at the DOJ/AP scandal from a unique perspective: a privacy lawyer who used to be a journalist. [Inside Privacy]

    * Jones Day landed the plum job as restructuring counsel for Detroit by one “point.” [AmLaw Daily]

    * When you’re choosing an expert witness, you should really look for that elusive “part-Don Draper, part-Lois Griffin” type. [The Expert Institute]

    * This was an actual problem I encountered when I had to edit the bills of some of my colleagues. [First World Lawyer Problems]

    3 Comments / / May 14, 2013 at 5:20 PM
  • Basketball, Politics, Sports, Technology, Television

    Non-Sequiturs: 04.17.13

    * How to hire an effective expert — in the model of Han Solo. [The Expert Institute]

    * Here are the 10 most annoying lawyer clichés. Punch yourself in the face for every one you’ve used (non-ironically, of course) in the past month. [The Careerist]

    * The NCAA chooses revenue for their member schools over the welfare of students? Shut the front door! [Sports Law Blog]

    * Poor plaintiff trying to get off the Internet keeps putting herself on the Internet. Hail Streisand Effect! [Lowering the Bar]

    * Grammar fail. Lawyer inadvertently calls his wife a “bitch” with poor sentence structure. [Spadea, Lanard, & Lignana]

    * Georgetown Law is holding its second Iron Tech Law Competition, challenging students to develop technology to improve the access to justice or increase the effectiveness of representation. Cool idea. Other schools should consider this kind of program. [Georgetown Law]

    * Do you think our lawmakers should reform the Senate filibuster procedure? I agree. Though Patton Oswalt gives an almost nine minute, improvised tour de force of how a filibuster could be awesome that will be — presumably edited down — and used in this week’s Parks and Recreation. Video after the jump. [Cinema Blend]

    2 Comments / / Apr 17, 2013 at 5:41 PM

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