Tag Archives: Lay Opinion

Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case

In Vincent v. Nelson, No.20-8030 (10th Cir. Oct. 27, 2022), in an issue of first impression, the Tenth Circuit holds that a pre-trial disclosure under Fed. R. Civ. P. 26(a)(2)(C) for non-retained experts may be fairly general in form to support their testimony at trial, in contrast to the more rigorous demands for retained expertsContinue reading “Tenth Circuit Sets Low Bar for Fed. R. Civ. P. 26(a)(2)(C) Disclosures for Non-Retained Experts in Truck Collision Case”

Split Second Circuit Panel Holds That District Court Erred by Admitting “Opinion” Testimony that Defendant “Employed Countersurveillance Driving Techniques,” Ordering New Trial

In United States v. Cabrera, No. 19-3363 (2d Cir. Sept. 8, 2021), the panel majority holds that the jury in a criminal prosecution should not have heard officer testimony that the defendant, “unlike the ‘average drug dealer,’ appeared to be ‘experienced’ because he had employed countersurveillance driving techniques (which consisted of really bad driving).” TheContinue reading “Split Second Circuit Panel Holds That District Court Erred by Admitting “Opinion” Testimony that Defendant “Employed Countersurveillance Driving Techniques,” Ordering New Trial”