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Expert Helps Prove "Efficient Market" in Securities Fraud Litigation

The fraud-on-the-market presumption was recently the subject of major publicity as a result of the Supreme Court's pending decision in Haliburton. Read more to learn about the Court's decision and other cases that affect this…more

Profession's Litigation Guidelines Not Controlling in Daubert Inquiry

To what extent should a professional association's litigation guidelines govern the admissibility of their testimony? This is the question that arose in a case against LabCorp in this case of first impression. Read more to learn…more

Expert Testimony Central to Coffee Class Decision

Angry coffee drinkers file a class action against Grove Square Coffee pods. Read to learn more about how expert testimony played a key role in the 10th Circuit's decision regarding class action certification in this case…more

Good Cause Standard Prevents Expert Substitution Regardless of "Doctor's Orders"

Are "doctor's orders" that could prevent an expert from continuing to work on a case good cause to allow for an expert substitution? That's the question that a U.S. district court judge faced in a case that is likely to become a…more

Expert Testimony Pivotal in Reversal of Summary Judgment in Antitrust Case

A dash of corporate intrigue lurked beneath the surface of a recent antitrust case between Lenox MacLaren Surgical Corporation and Medtronic. On appeal, LMSC confronted the challenge of persuading the Tenth Circuit Court that…more

When an Expert Contradicts His Client

Should an expert’s testimony be excluded from trial if it is inconsistent with his client’s testimony? Read more to learn about the recent decision made by a three-judge panel in the 6th U.S. Circuit Court of Appeals…more

Federal Circuit in Facebook Case Does Not 'Like' Appeal

Federal Circuit in Facebook Case Does Not 'Like' Appeal In a patent infringement lawsuit involving Facebook's "like" and "share" functions, the Federal Circuit Court of Appeals has turned down a request by both parties that…more

Apple, Samsung Daubert Docs Should Have Been Sealed, Federal Circuit Rules

The media dubbed it, “The Patent Trial of the Century.” In 2011, Apple sued Samsung, claiming its smartphones and tablets infringed patents for the iPhone and iPad. Samsung counter sued, alleging that Apple’s products violated…more
| Commercial Law & Contracts, Products Liability, Science, Computers, & Technology

The U.S. Court of Appeals for the 2nd Circuit has issued what may be the final chapter in a lingering copyright dispute involving heirs of famed comic book artist Jack Kirby and works he allegedly produced half a century ago,…more
| Intellectual Property

A federal appeals court has come down hard on a soft contact lens expert who saw fit to change his testimony in the middle of his cross-examination, countering what he had said in his own expert report…more
| Civil Procedure, Intellectual Property

When we think of Daubert, we think of stuffy courtrooms filled with formally attired judges, lawyers and witnesses. However, in a recent case out of the 6th U.S. Circuit Court of Appeals, Daubert was found visiting a group of…more
| Civil Procedure, Intellectual Property

Rating Agencies Next Targets in Financial Crisis Fallout?

A case filed by the U.S. government alleging one of the nation’s three top credit rating agencies improperly misrepresented and manipulated ratings of certain structured debt securities in a “scheme to defraud investors” during…more
| Civil Procedure, Finance & Banking, Securities Law

Can Expert Statements Inadvertently Waive Protection?

Talk about pre-trial expert issues that can cause heartburn . . . try these on for size: When are opinions held by a non-testifying expert discoverable by an opposing party, and, if protected, can statements made to an opposing…more
| Civil Procedure

$1.2B in Damages - Expert Challenges Fail to Decertify Class

Expert challenges asserted as part of a post-trial motion to decertify a class came too little, too late after a jury awarded plaintiffs over $400 million in damages in a high profile antitrust case. In what seemed like a…more
| Antitrust & Trade Regulation, Civil Procedure

$2B Antitrust Case Survives Expert Challenges - Key Learnings

When a federal judge issues an opinion chocked full of expert witness challenges and rulings in a massive class action alleging over $2 billion in overcharges, we make it our business to listen. Our focus this week: An…more
| Antitrust & Trade Regulation, Civil Procedure
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