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Category Archives: Evidence
Statements Of Agency Policy Are Not Legal Conclusions
The question of whether a witness’s statement constitutes an impermissible legal conclusion under Evid. R. 704(b) can occasionally be hazy. For example, in Wressell v. R.L. Turner Corp., ___ N.E.2d ___ (Ind. Ct. App. 2013), Cause No. 06A01-1301-PL-5, the parties disputed … Continue reading
Appellate Court Teaches A Couple Of Advocacy Tips
Full Disclosure – our firm represents the appellees in the case discussed below and I have been part of the litigation team. However, this commentary will not refer to material outside of the Court’s opinion. Occasionally, an appellate opinion can … Continue reading
Not Every Admission Is A “Judicial Admission”
From time to time, I’ve seen, heard of, and responded to various arguments that this or that statement made by counsel amounted to a judicial admission that could not later be denied. The Indiana Court of Appeals dealt with just … Continue reading
When Is A Plurality Opinion Binding?
Yesterday, the Indiana Court of Appeals issued its decision in State Auto. Ins. Co. v. DMY Realty Co., LLP, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 49A05-1109-PL-486. This was an environmental action that hinged, in large part, on … Continue reading
Posted in Appellate, Expert Testimony, Procedure
Tagged Expert Report, IN Court of Appeals, Plurality Opinion, Scientific Testimony
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Who Pays An Expert’s Fee For A Deposition In Federal Court?
I had thought that the answer to this question was obvious: Civ. R. 26(b)(4)(E) states that the party seeking discovery from an expert “pay the expert a reasonable fee.” However, I had never delved into this question deeply as the … Continue reading
A Meaty Malpractice Case
This blog was hacked last week, which prevented us from being able to tell you about recent decisions all week. However, we are back up and running and are starting out with the Indiana Court of Appeals’s decision in Tucker … Continue reading
Posted in Evidence, Expert Testimony, Medical Malpractice
Tagged Expert Testimony, IN Court of Appeals, Medical Malpractice, Probability
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Lawyers Need To Know Their Science
Recently, Judge Hamilton wrote an opinion for the Seventh Circuit, which emphasized that lawyers can’t be scientific illiterates. The dispute in Lapsley v. Xtek, Inc., ___ F.3d ___ (7th Cir. 2012), Cause No. 11-3313, centered on whether a plaintiff’s expert … Continue reading
Posted in Evidence, Expert Testimony, Uncategorized
Tagged 7th Circuit, Daubert, Expert Testimony
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Settlement Discussions Admissible to Challenge Settlement
In Horner v. Carter, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 34A02-1111-DR-1029, the Indiana Court of Appeals clarified one instance in which settlement discussions are admissible under Evid. R. 408. In that case, the Court held that settlement discussions are … Continue reading
Posted in Evidence
Tagged Harmless Error, IN Court of Appeals, Mistake, Offer to Compromise
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Extrinsic Evidence is Admissible when Witness Does Not Recall Prior Inconsistent Statement
In Dixon v. State, ___ N.E.2d ___ (Ind. Ct. App. 2012), Cause No. 45A03-1110-CR-482, the court considered the circumstances under which extrinsic evidence may be offered for impeachment of a witness. Evid. R. 613(a) provides: “Extrinsic evidence of a prior inconsistent … Continue reading
Posted in Evidence
Tagged Extrinsic Evidence, IN Court of Appeals, Prior Inconsistent Statement
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Status As An Illegal Alien Is Not A Protected Class
A woman is fired because she married a Mexican, who was an illegal alien in the United States. Can her employer do this? In Cortezano v. Salin Bank & Trust Co., ___ F.3d ___ (7th Cir. 2012), Cause No. 11-1631, … Continue reading
Posted in Constitutional Law, Equal Protection, Evidence, Hearsay
Tagged 7th Circuit, Equal Protection, Hearsay, Illegal Alien, National Origin, Protected Class
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