Appellate Law News and Insights

Expert testimony can play a crucial role in the trial process. Consequently, parties often file motions to disqualify the opposing side's expert witnesses. The success of these motions in federal cases is controlled by the Federal Rules of Evidence ("FRE"), which stipulate that expert testimony must meet certain standards of...

Read More

In a shocking win for California employers, the U.S. Court of Appeals for the Ninth Circuit held on February 15, 2023 that the Federal Arbitration Act (FAA) preempts California's controversial Assembly Bill 51 (AB 51), which attempted to criminalize employers' use of mandatory arbitration agreements in the Golden State. AB...

Read More

Most class-action lawyers know about Johnson v. NPAS Solutions., LLC—an Eleventh Circuit panel decision that outlawed service awards to lead plaintiffs in class actions, which "compensate[] a class representative for his time and rewards him for bringing a lawsuit." 975 F.3d 1244, 1260 (11th Cir. 2020). You'd be forgiven for initially...

Read More