Articles
Federal Rule of Evidence 702: A Useful Rule (When It's Followed)
When it comes to evidentiary disputes, it can be tough to predict how a particular judge will rule. What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another.
And when it comes to expert opinion testimony, there can be even more uncertainty. A judge considering a shaky opinion might—citing the Supreme Court's landmark ruling, Daubert v. Merrell Dow Pharmaceuticals, Inc.—exclude the opinion on the...
The Expert Impeachment Witness: Fight the Facts, Not the Opinion
"Like a house built on sand, the expert's opinion is no better than the facts upon which it is based." This famous line from Kennemur v. State of California, 133 Cal. App. 3d 907, 924 (1982), can be found in virtually every California motion to exclude an opponent's expert witness. And it is typically cited for one of two arguments:
There is the junk science argument. This argument seeks to show the expert's reasoning or methodology is unreliable. It is used against the expert...
David Sugden
Dave is a business trial lawyer who is an ABOTA member and has been recognized from 2020 - 2023 as one of the “Top 50 Super Lawyers in Orange County,” and previously recognized by California’s Daily Journal as one of “California’s 20 Top Attorneys Under 40”.
He has represented business entities both as a plaintiff and defendant throughout the country.
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