Description
It is no longer unusual for abuse claims to be lodged long after the alleged acts occurred. Although many states have lengthened or temporarily reopened the statute of limitations for child sexual abuse, it is still not unusual for plaintiffs to assert claims based on alleged "recovered" or "repressed" memories. This theory has been particularly controversial because of the possibility of counselors creating false memories.
The stakes in these kinds of cases are extremely high, with no margin for error. Attorneys bringing or defending abuse cases grounded in recovered memories—which may not be limited to sexual abuse—need to understand this exceedingly difficult and complicated subject in detail.
In Cohen v. Cohen, the Third Circuit was confronted with a childhood sexual abuse case based on recovered memories. It reviewed how the district court should have analyzed the admissibility of the plaintiff's expert's opinion, specifically focusing on the requirements of FRE 702 and what happens when both sides present expert testimony. Cohen offers an in-depth analysis of the "recovered" memory theory and its experts, but more significantly sheds light on the nuances of FRE 702 and dueling experts that can be applied in any type of case.
Listen as this distinguished panel discusses expert evidence related to "repressed" or "recovered" memories and the lessons from Cohen that are applicable to any case involving experts and especially dueling experts.
Presented By
Dr. Barden is a national expert in law and science. He is a licensed attorney, licensed psychologist, research scientist, speaker, writer, expert witness, and national science-litigation-legislation consultant. Dr. Barden has published in the leading journals and texts in law, public policy, child-social-clinical psychology, psychiatry, surgery, and pediatrics. He has helped draft and enact legislation to reform and improve the Emergency Medical System for Children in the U.S. As an attorney, Dr. Barden’s clients have received record jury verdicts and record settlements in complex litigation to reform the U.S. mental health system. As a national expert in law, science, and systems reform he has been interviewed by many national and international media sources. Dr. Barden has given invited national training addresses to the American Psychological Association, the American Psychiatric Association, the American Bar Association, the U.S. Surgeon General's Conference, the International Assn of Plastic and Reconstructive Surgeons, the U.S. Military Academy at West Point, F.B.I. regional training meetings, and other groups. He has also served as a member of a State Higher Education Coordinating Board (MN), a member of a State Licensing Board of Psychology (MN), and as a State Special Assistant Attorney General (UT).
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Monday, September 29, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Repressed memory theory
II. Applying FRE 702 analysis to repressed memory theory
III. Lessons from Cohen
The panel will review these and other important questions:
- Is it repression or recovery of memories that is more controversial?
- What is an individualized Daubert analysis?
- How should courts assess studies under Rule 702?
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