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Daubert Standards

Asking the Right Questions at the Expert’s Deposition to lay the foundation for your client’s Daubert Challenge (Part 1)

by Wilson Elser on

Deposing your adversary’s liability expert is not only a chance to delve into the details of the expert’s opinions, but the deposition also presents a great opportunity for defense counsel to explore the sustainability of the...more

Seventh Circuit Upholds Exclusion of Expert Testimony that “Cumulative Exposure” Equals Causation in Asbestos Cases

by Reminger Co., LPA on

An essential element in an asbestos case is proof that an exposure to a particular defendant’s product is a substantial factor in causing the injury. To satisfy their burden, plaintiffs rely upon testimony from experts. ...more

Checklist for Strengthening Your Defenses to 401k Plan Class Actions

The last ten years have seen a proliferation of high-profile class actions alleging breach of ERISA fiduciary duties of prudence and loyalty against plan fiduciaries. The claims are usually based upon alleged excessive...more

Still Keeping Us Guessing: Florida Supreme Court Poised to Clarify The Daubert Standard in Florida. Maybe.

Is it safe to use the Daubert standard of the new section 90.702, Florida Statutes, to exclude your opponent’s expert testimony? Do you have a choice? Earlier this year, the Florida supreme court raised a red flag on the...more

Causation Testimony Excluded as “Unhelpful” and “Unreliable” in Heart-Lung Machine Death Case

by Reed Smith on

One of the wonders of parenthood is its ability to deliver interludes so sublime in their exquisite simplicity that they provoke smiles long after they end. Such was an evening last week when we journeyed to New York to...more

Judge Andrews Substantially Denies Plaintiff’s Motion To Exclude Defendant Expert’s Opinions On Definition Of Relevant Market In...

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Richard G. Andrews in Insight Equity d/b/a Vision-Ease Lens Worldwide v. Transitions Optical, Inc., Civil Action No. 10-635-RGA (D.Del. May 9, 2017), the Court granted in part...more

Could Daubert be Dying in Florida?

by Cozen O'Connor on

On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court declined to adopt the Daubert standard, on procedural grounds, for...more

Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

by Polsinelli on

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the...more

Aviation Happenings - Spring 2017

The Spring 2017 edition of the Aviation Group’s newsletter examines some of the most recent and relevant cases and developments in aviation law, including: - Air Carrier Not Responsible for Rancid Cheese Under Montreal...more

Business Litigation Report - February 2017

French Anti-Corruption Law Reform - Despite signing the OECD anti-corruption Convention in 1997, France has long been perceived as lacking necessary tools for domestic and international anti-corruption enforcement,...more

February 2017: The Court That Created Frye Moves to Rule 702/Daubert Standard

In the twenty-three years since the Supreme Court issued its seminal opinion on the admissibility of expert witness testimony, Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), approximately 40 states have embraced...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Southern District of Indiana Excludes Plaintiffs’ Experts in Hernia Mesh Case

by Reed Smith on

We loved La La Land. We were enchanted by the colors and the music and the dancing. We were transported by the dreams-come-true and saddened by the could-have-beens. We disappeared into the characters’ world for two hours...more

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

by Holland & Knight LLP on

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

Daubert Under the Microscope Again by Florida Courts

by Rumberger Kirk & Caldwell on

In a ruling that raises new issues about the adoption of the Daubert standard for the admissibility of expert opinions in Florida state court, the Florida Supreme Court has declined to adopt, to the extent they are...more

Noodle This! The Yin and Yang of Two Courts, Two Antitrust Cases, Two Class Certification Motions, Two Daubert Challenges, Two...

by Carlton Fields on

Noodle this: Two significant orders on class certification in antitrust matters issued last week. Both were heavily influenced by the threshold determination of Daubert challenges to the plaintiffs’ expert evidence. In one...more

Florida Supreme Court Rejects Daubert Statute to the Extent It Is "Procedural"

by Carlton Fields on

In a 4-2 decision, the Florida Supreme Court today declined to adopt an amendment to section 90.702 of the Florida Evidence Code to the extent that the amendment is procedural. The applicable amendment adopted the Daubert...more

Fourth Circuit Vigorously Applies Daubert

by Reed Smith on

Last week three of our posts dealt with Daubert issues. That was not intentional. Chalk it up to coincidence. Or was it? We are not especially superstitious, but maybe the passing last week of the great “Professor” Irwin...more

Wisconsin Supreme Court Addresses Expert Testimony Under Daubert

by Foley & Lardner LLP on

Six years after the Wisconsin legislature amended Wis. Stat. § 907.02(1) to adopt the federal Daubert standard for admission of expert testimony, the Wisconsin Supreme Court applied the standard for the first time in a civil...more

Unreliable Expert Causation Evidence Ends Birth Defect Case

by Reed Smith on

We have posted several times in the last few years (like here, here, here, and here) about cases alleging birth defects from maternal SSRI use during pregnancy. Perhaps because of the inherent sympathy for the plaintiff...more

Reclast Plaintiff Experts Hobbled by Daubert

by Reed Smith on

We have long suspected that the reason some judges are hostile to Daubert is because application of the doctrine involves so much work. Rather than merely count whether there are enough other experts out there who seem to be...more

Third Circuit Plays the “Top Fifty” Hits, Allows ADEA Claim for Employees Fifty and Over

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Third Circuit has shaken up long-standing precedent and created a split among the circuits, such that now employers should not only evaluate its employment decisions for the effect on individuals over...more

Medical Causation Experts Pass Daubert Test, But Cannot Opine on Plaintiff’s Lack of Capacity to Sign Release

by Reed Smith on

We typically write about product liability cases, not medical malpractice actions. But the two are not mutually exclusive, and similar issues arise in those cases. Medical causation is an issue we often see in both. Capacity...more

D.C. appellate court strikes another nail in the coffin for the Frye test

by Thompson Coburn LLP on

In a striking decision that has the civil litigation bar abuzz about its implications, the D.C. court that first introduced us to the Frye test has now overturned it in favor of Daubert. What distinguishes the court’s...more

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