News & Analysis as of

Daubert Ruling Evidence

The Use of Expert Opinions in ‘Reverse-Payment’ Settlement Cases Under Actavis - King Drug Company of Florence, Inc., et al. v....

by McDermott Will & Emery on

Applying its previous rulings in related litigation and interpreting FTC v. Actavis, 570 U.S. 756 (2013), the U.S. District Court for the Eastern District of Pennsylvania was tasked with determining whether to preclude expert...more

Lack of Proximate Cause for Failure to Warn Nets a Directed Verdict

by Reed Smith on

A week ago, in a post-script to a post on Daubert decisions, we reported that the trial court in Hexum v. Eli Lilly & Co., No. 2:13-cv-02701-SVM-MAN, 2015 U.S. Dist. LEXIS 109737 (C.D. Cal. Aug. 18, 2015), had granted...more

Proving Your Business Income Loss: Defeating Insurance Company Challenges to Policyholder Evidence

by Reed Smith on

Courts commonly observe that the purpose of Business Interruption or Business Income insurance is to put the policyholder in the same position it would have been in had there been no interruption. The Business Interruption...more

Legislature Amends Evidence Code Provisions Governing Admission Of Expert Testimony

by Carlton Fields on

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

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

by Low, Ball & Lynch on

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

by Littler on

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

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Cybersecurity

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