Articles by Anjelica Cappellino, J.D.

Amendments to Rule 702 Signal Change for Expert Testimony Admissibility

Now Rule 702 is one step closer to a big change—its first in over 20 years. Last week, the Committee on Rules of Practice and Procedure voted unanimously to pass the proposed Rule 702 amendment. The proposed amendment clarifies the…

Posted on in Featured & FRE, Daubert, & Frye & News & Resources for Experts & Working with Experts

Florida School Districts Sue McKinsey & Co. Over its Role in the Opioid Epidemic

McKinsey & Co. and its affiliates face allegations that the consulting services it provided to opioid manufacturers harmed children’s health. According to the lawsuit, these actions led to increased educational costs. Putnam County school board leads the Florida class action…

Posted on in Featured & Litigation Monitor & News

How to Prepare for and Depose an Opposing Party’s Expert

Expert witness depositions are a great way to gain insight into how to best combat the opposing party’s expert and their opinions. If done correctly, a deposition can create a strong foundation for future voir dire, evidentiary challenges, and other…

Posted on in Deposition & Featured & Working with Experts

Possible Causes for Destructive Colorado Fire Trigger Litigation Potential

The Marshall fire in Colorado ignited on December 30, 2021 and rapidly spread across three cities. The cause of the fire is currently under investigation. The fire is the state’s most destructive fire in terms of property damage. So far,…

Posted on in Featured & News

Bronx Apartment Fire Survivors File First Lawsuit

The lawsuit, which seeks $1 billion in damages, alleges that the owners kept the building in a defective condition. Additionally, the lawsuit claims the owners failed to maintain basic safety standards and fire prevention measures. This incident is one of…

Posted on in Featured & Litigation Monitor & News

Recent Developments in Defective 3M Earplug Litigation

Recently, the two jury verdicts, both rendered in Florida federal courts, differed entirely. One verdict in the 3M litigation found one case in favor of the defendant manufacturer. The other awarded over $13 million in damages to the service member…

Posted on in Featured & Litigation Monitor & News

Ohio Heightens “Active Clinical Practice” Requirements for Medical Experts

Recently, the Ohio Supreme Court issued a ruling that clarifies the definition of “active clinical practice.” The case in point was Johnson v. Abdullah, Slip Opinion No. 2021-Ohio-3304. The Ohio Supreme Court determined what constitutes “active clinical practice” in the…

Posted on in Featured & Finding & Selecting Experts & News

FDA Recalls Cordis Angiographic Catheters Over Danger of Dislodging

The U.S. Food & Drug Administration (FDA) has classified this as a Class I recall, the most serious type. The agency classified this recall under this category because of the product’s potential to cause serious injury or death. To date,…

Posted on in Featured & News

How to Properly Document Expert Witness Research

For example, Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure requires witness reports to include a statement of all opinions and the basis and reasons for them. This includes all facts and data considered in forming the opinion, among…

Posted on in Featured & Resources for Experts

NuVasive’s MAGEC Rod Complications Prompt FDA Warnings

The devices, which brace the spines of children with scoliosis, were the subject of recalls in 2020. The company reportedly fixed the previous mechanical issues. However, the FDA has since received complaints about other risks associated with the devices. Although…

Posted on in Featured & Litigation Monitor & News