Daubert Ruling

News & Analysis as of

Intellectual Property Newsletter - April/May 2013

In This Issue: News from the Bench: - Six Ways to Sunday: Recent Federal Circuit Opinion Highlights Uncertainty in the Patent Eligibility of Computer-Implemented Inventions - The Federal Circuit Affirms...more

Legislature Amends Evidence Code Provisions Governing Admission Of Expert Testimony

The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the...more

Cables Sliced on Class Action in Comcast Corp. v. Behrend

Key Points - - Comcast Corp. v. Behrend clarifies that the Court's 2011 decision in Wal-Mart v. Dukes, which requires an inquiry into the merits to the extent necessary to resolve Rule 23 issues, extends to antitrust...more

Seagulls on the Water?¹ Has California Supreme Court Indicated A Major Change in Direction for the Admissibility of Expert Opinion...

California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more

EEOC Suit Against Employer Screening Applicants Based on Credit History Information Dismissed

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer's discretion...more

Another Court Holds Daubert Analysis Required When Critical to Class Certification

With a split among the Circuits, no authoritative decision from the Third Circuit, and certiorari already granted by the U.S. Supreme Court on the issue, another district court has concluded that a thorough Daubert analysis...more

"Every Breath" Theory: On Its Last Breaths?

The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for...more

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

The Ninth Circuit Court of Appeals recently vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc, et. al. back to Washington federal district court for a new trial after concluding that the district...more

Product Liability Advisory - December 2012: 10th Circuit Reaffirms the Importance of Similarity in Testing Methodology for...

In a decision released on August 16, 2012, the 10th Circuit Court of Appeals overturned the trial court’s Daubert ruling on an expert who was allowed to testify about an alleged seat belt defect in a rollover crash. The 10th...more

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