Archive: July 27, 2005

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Denial of Expert Examination of Metadata Does Not Warrant New Trial

Denial of Expert Examination of Metadata Does Not Warrant New Trial

Wild v. Alster, et al., 377 F.Supp.2d 186 (D.D.C. 2005)

Susan Wild (“Wild”) sued Dr. Tina Alster (“Alster”) for malpractice in connection with laser surgery performed by Alster on Wild’s face. Alster prevailed at trial, and Wild sought a new trial alleging error in jury instructions and prejudice from discovery and evidentiary rulings. One basis for the alleged prejudice was the court’s decision not to allow expert examination of Alster’s computer to determine whether it contained dates indicating when photographs contained therein were taken. Read More

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