Recently, in IBEW Local 90 Pension Fund v. Deutsche Bank AG, No. 11-cv-4209, 2013 U.S. Dist. LEXIS 155136 (S.D.N.Y. Oct. 29, 2013), District Judge Katherine Forrest declined to certify a class of securities plaintiffs and...more
On June 4, 2013, Florida Governor Rick Scott signed HB 70151 (renumbered as Chapter 2013-107) into law amending Florida Statutes §§ 90.702 and 90.704 to conform with the federal evidentiary standard articulated in Daubert v....more
In product liability litigation, the determinants of causation between an agent and a disease are frequently a critical issue. In 1965 Sir Austin Bradford Hill, a British epidemiologist and...more
The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more
In This Issue:
- Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants?
- Patent Reform for Biotech Companies
- United States v. Caronia and its Implications for Off-Label...more
In cases involving scientific or novel evidence, defendants have long been at a disadvantage in Florida due to its very liberal application of the Frye standard. It appears this is about to change.
Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more
The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more
On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects. First, Behrend requires plaintiffs to show a method by which...more
Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more
It is common for experts to testify in civil cases in California. In construction and engineering cases, in particular, testimony by experts is often the critical factor in success or failure. Despite the importance of expert...more
Over the last few years, the Arizona legislature and Arizona courts have been dealing with the implementation of Federal “Daubert” standards for the admissibility of expert testimony in Arizona state courts. After initial...more