News & Analysis as of

Daubert Hearing

Recent Arizona appellate decisions of note to providers

by Snell & Wilmer on

With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

Defendants Secure Rare Summary Judgment in Zoloft MDL

In an unusual turn of events, U.S. District Judge Cynthia Rufe recently granted defendants’ motion for summary judgment as to over 300 cases in the Zoloft MDL. These cases were consolidated in 2012 and involved allegations...more

Gutsy Gatekeeping: Plaintiffs’ Experts Excluded in Lipitor MDL

by Reed Smith on

This week, as Drug and Device Law Jews, we are preparing for Passover, which, like most Jewish holidays, begins with a multi-generational dinner at the home of the Drug and Device Law Bubbie (our mother). Although we of the...more

So Long Zoloft MDL

by Reed Smith on

The Zoloft MDL has finally collapsed. We started to see the writing on the wall in June 2014, when the MDL judge ruled that none of the plaintiffs’ experts could testify that taking Zoloft while pregnant could cause birth...more

District Court Declines to Exclude Damage Expert Even Though Expert Relied Upon Information Not Disclosed During Discovery

Plaintiffs Equistar Chemicals, LP and MSI Technology, LLC accused Westlake Chemical Corporation ("Westlake") of infringing U.S. Patent No. 7,064,163. The asserted patent relates to a method of making polyolefin-based adhesive...more

Class Action Round-Up: Summer 2015

by Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

State v. Bernstein - Arizona Supreme Court Clarifies Court’s Gatekeeping Role In Determining Admissibility Of Expert Evidence...

Eleven defendants charged with aggravated driving under the influence had their blood tested by the Scottsdale Crime Laboratory. Defendants moved to exclude the evidence of their blood alcohol (BAC) results under Rule 702,...more

Daubert Motions Are Granted In Part; Relative Value Allocation Approach To Apportionment Is Unreliable

by Morris James LLP on

Stark, C. J. Defendant’s Daubert motion is granted in part and the remaining part remains pending. Plaintiff’s motion to preclude testimony is denied in part and granted in part....more

District Court Denies Daubert Motion Based on VirnetX as Exceeding the District Court's Role as Gatekeeper

In this patent infringement action, Adobe filed a Daubert motion seeking to exclude the plaintiff's damage expert largely based on VirnetX, Inc. v. Cisco Sys., Inc., 2014 WL 4548722 (Fed. Cir. Sept. 16, 2014). As explained by...more

Ninth Circuit Water Loss Case Provides Guidance on Bad Faith Standard for “Genuine Dispute”

by Cozen O'Connor on

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the 9th Circuit, relying on California law, upheld a grant of summary judgment dismissing...more

Water Loss Case Gives Rise to Dispute Over Bad Faith Standard For ‘Genuine Dispute’ and Admissibility of Expert Evidence

by Cozen O'Connor on

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing...more

Florida Appellate Court Embraces Daubert Standard And Provides First In-Depth Analysis Under New Law

by Carlton Fields on

Last week, the Third District Court of Appeal resolved any questions concerning the applicability of the Daubert standard in Florida following the legislative changes to Florida's evidence code in July 2013. ...more

Quantum World v. Dell: After Receiving Numerous Daubert Motions, District Court Lays Down Strict Time Limits for Trial and Rules...

In this patent infringement case, the district court received a number of motions to strike portions of expert reports and to exclude the testimony of certain experts. As stated by the district court, it received the...more

More on Daubert: The 11th Circuit Allows EPA’s Experts to Testify on NSR Violations

Last spring, Robby Sanoff complained in this space about the problem resulting from appellate courts’ refusal to give appropriate discretion to district judges in performing their gatekeeping function under Daubert. As Robby...more

Daubert Motion to Strike Expert Testimony Denied Where Lump Sum Royalty Was Not Improperly Based on Total Market Value of Accused...

In this patent infringement action, the patent owner sought a reasonable royalty in the form of a lump sum payment. HTC filed a Daubert motion to exclude the expert's opinion on the ground that the lump sum royalty...more

Florida Adopts More Stringent Standard For Expert Witnesses

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony....more

Financial Expert Witnesses in Business Litigation

by Ellyn Law LLP on

Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator,...more

Why Trial Courts Are Reluctant To Exclude Scientific Evidence in Toxic Tort Cases

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme Court’s Daubert decision in 1993, trial courts have repeatedly been admonished...more

Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult

by McDermott Will & Emery on

The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for...more

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the...

by BakerHostetler on

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more

Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage

The U.S. Supreme Court has sent mixed signals this term regarding when courts can address merits issues at the class certification stage. On March 27, 2013, in Comcast Corp. v. Behrend, the Court reaffirmed that lower courts...more

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

by Low, Ball & Lynch on

On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more

Supreme Court Rules That District Court Must Rigorously Review Plaintiffs’ Damages Model at Class Certification Stage

by Ropes & Gray LLP on

The Supreme Court this week in Comcast Corp. v. Behrend forcefully reiterated that Rule 23(b)(3) requires the district court to engage in rigorous review to ensure that damages are capable of measurement on a classwide basis,...more

Supreme Court Raises Bar for Class Certification

In Comcast Corporation, et al. v. Behrend, the US Supreme Court reversed two lower courts in concluding that the Plaintiffs failed to satisfy Rule 23(b)(3) because their expert’s report did not establish that damages could be...more

Federal Court Precludes Defendant’s Class Certification Expert

by Ballard Spahr LLP on

In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class...more

27 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!