Wednesday, September 14, 2005

8th Circuit Reverses Exclusion of Attorney's Testimony in Legal Malpractice Case

The Eighth Circuit has reversed the trial court's exclusion of an attorney's expert testimony in a legal malpractice case involving a merger and acquisition. See First Union Nat'l Bank v. Benham, No. 04-3656 (8th Cir. Sept. 13, 2005) (Murphy, Bye, & Smith, JJ.).


Anonymous writes ...

This post has been removed by a blog administrator.

10:24 PM  

Post a Comment

<< Home

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.