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Articles by John Bitetto
DNA Software Meets the Daubert Standard According to the Third Circuit and Adds to the List of New Technologies Being Used at Trial
In one of the latest intersections between technology and the courtroom, the Third Circuit has ruled that a particular brand of probabilistic genotyping DNA software (TrueAllele) is reliable enough to be used at trial. In a world of ever evolving technology, it is becoming morecommonplace for trial teams to embrace new technologies to collect better evidence, make more persuasive arguments, and overall bolster their abilities at trial.
A Complete Overview- Significant Talc MDL Expert Rulings
In June of 2025, retired U.S. District Judge Freda Wolfson was appointed as a limited-purpose Special Master to address the Rule 702 Motions in the J&J Ovarian Cancer MDL. On January 20th, Judge Wolfson issued a comprehensive Report and Recommendation to U.S. District Judge Michael Shipp.
Big Bankruptcy News: 4th Circuit Backs Texas Two-Step and Creates Circuit Split with 3rd Circuit
Another wrinkle has developed in the ever-changing landscape of bankrupt defendants within the asbestos and talc litigations. The 4th Circuit U.S. Court of Appeals affirmed a lower court decision earlier this month that allows Bestwall LLC to continue with their bankruptcy.[1] Through this decision, the 4th Circuit has allowed a Texas Two-Step bankruptcy to continue forward. This is significant, as other jurisdictions have curbed similar attempts to allow such bankruptcies to move forward.
Commodity Futures Trading Commission Drops SEF Order Book Rule fo
In a marked departure from its position since 2013, the Commodity Futures Trading Commission (CFTC) issued No-Action Letter 25-24 on July 30, 2025 (Letter 25-24), stating that it will not recommend enforcement action against a swap execution facility (SEF) that does not offer a central limit order book, as required under CFTC Regulation 37.3(a)(2), with respect to swap transactions that are not subject to the trade execution requirement under Section 2(h)(8) of the Commodity Exchange Act (CEA).
Providing Juries with Alternative Explanations: How a Recent Publication on the Historical Knowledge of the Health Hazards of Insulators Can Assist in Obtaining Defense Verdicts
One challenge trial teams often face as they defend clients in asbestos or talc related lawsuits is providing the jury with enough information to understand the cause of plaintiff’s harm. It is more effective to show what actually caused the harm, not merely that their client did not.
The Missing Piece to Your Business’ Litigation Team: Using A National Coordinating Counsel to Manage Your Mass Tort Litigation
Businesses, large and small, can find themselves overwhelmed by litigation quickly, if and when they find themselves in the crosshairs of a developing litigation. For years, the best example of these crosshairs was those focused mainly on asbestos and those entities that either supplied or manufactured with asbestos.
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