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Posted on May 5, 2020 by Marty Aisenberg

Rule 702 of the Minnesota Rules Evidence provides that “[an expert’s] opinion must have foundational reliability.”  This is the functional equivalent of Fed. R. Evid.

Posted on April 28, 2020 by Peter George

We’ve never blogged about a U.S. Supreme Court decision, though I did mention Feres v. United States in a post about recent legislation that created a long-overdue exception to the Feres doctrine – namely, allowing members of the armed forces to seek redress under the Federal Tort Claims Act (FTCA) for negligent medical treatment at a military facility.

Posted on April 14, 2020 by Martin Aisenberg

There is a split in the circuits on the important question of whether a medical opinion can be false within the meaning of the False Claims Act (FCA).

Posted on April 1, 2020 by Peter George

Yes, Vident Partners is still open for business and actually functioning quite well.

Posted on March 24, 2020 by Marty Aisenberg

Two class actions have been brought against GOJO, the maker of Purell hand sanitizer, in the U.S. District Court for the Northern District of Ohio.

Posted on March 18, 2020 by Peter George

In my ongoing chronicle of sports-related litigation, https://www.videntpartners.com/blog/sports-law, I have previously had occasion to cite the work of Michael McCann, Sports Illustrated’s legal analyst and the founding director of the University of New Hampshire Law School’s Sports and Entertainment Law Institute.  Professor McCann has outdone himself in a just-posted article, “U.S. Women’s National Team Challenges Use of U.S.

Posted on March 10, 2020 by Marty Aisenberg

The importance of expert opinion (offered either by affidavit or in deposition testimony) in summary judgment practice cannot be overstated.  We have previously written about this in a number of different contexts: medical malpractice (https://www.videntpartners.com/blog/2019/medical-expert’s-affidavit-opposition-summary-judgment-fails-establish-triable-issue), health insurance coverage (

Posted on March 3, 2020 by Peter George

During the course of our nearly 15 years in the business, we’ve provided attorneys with consulting and testifying experts in over a hundred fields of expertise for many different types of litigation.  From time to time a particular litigation area gets “hot,” which leads to attorneys requesting experts in particular specialties for an unusually high number of cases.  For example, there was a period of about 3 years a while back when we provided experts for dozens of asbestos cases.

Posted on February 25, 2020 by Marty Aisenberg

Appellate opinions usually begin with a very short introductory paragraph – just enough to orient the reader to the nature of the case and the outcome of the appeal.  Here’s a typical example:

Posted on February 18, 2020 by Arie George

The Rhode Island Supreme Court recently emphasized the requirement of expert opinion in an important class of premises liability cases – namely, those in which the plaintiff alleges that negligent design, construction, or maintenance created a dangerous condition.  The case is Yanku v.

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