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Most people do not think of auto accident or other personal injury cases as involving complex technical and scientific issues. However, even the simplest case can often benefit from the testimonial input of a scientific or...more
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
City of Pomona v. SQM North America Corporation -
Court Of Appeals, Ninth Circuit Nos. 12-55147, 12-55193 (May 2, 2014) -
Under Federal Rule of Evidence (“FRE”) 702, expert witness testimony must meet certain...more
Plaintiff Trading Technologies International, Inc. ("TT") moved to strike the invalidity expert report of the defendant, CQG. TT made two arguments its motion: " that Dr. Mellor failed to conduct a proper written description...more
Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...more
Individuals who sustain injury because of medical negligence naturally face challenges because of the technical nature of their cases. First, local medical practitioners are reluctant to testify against others in their field....more
The strategy and skills behind witness order and scheduling at trial -
The defense was putting on its case. The lawyer, a trial veteran, was good. But not great with time estimates. Adding to the pressure: a trial...more
On January 15, the en banc US Court of Appeals for the Ninth Circuit issued a decision in Barabin v. AstenJohnson, Inc. that significantly strengthened and expanded the gatekeeper role of both trial and appellate courts in...more
Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark) filed a patent infringement action against First Quality Baby Products, LLC ("First Quality") over a variety of patents relating to disposable absorbent products, such as...more
For years, plaintiffs in product liability and toxic tort cases have viewed Pennsylvania's state court system as a favorable forum. Over the past year and a half, however, the Pennsylvania appellate courts have issued...more
AC34918 - Cuozzo v. Orange -
AC34918 Dissent - Cuozzo v. Orange -
This is a case where a little more effort should have gone into a Motion to Dismiss. The Appellate Court held that the Trial Court improperly...more
Challenging two patents with a common parent application, Butamax Advanced Biofuels was able to get 28 challenged claims of one Gevo patent and 18 challenged claims of a second into separate trials for inter partes review, in...more
In this Presentation:
- Summary of Key Changes in Rule 26
- FRCP 26(a)(2)- Disclosure
- Rule 26(b)(4) Trial Preparation: Experts
- Checklist of Suggested Practices
- Excerpt from Summary of...more
Florida’s legislature recently amended the state’s evidence code to adopt the Daubert standard for admissibility of expert testimony. Despite the U.S. Supreme Court’s abandonment of the Frye “general acceptance” standard in...more
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
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
Parties in patent infringement lawsuits frequently must choose a witness to explain complex or scientific technology behind an invention or an accused product that sits at the heart of a claim or a defense. Often, the parties...more
We continue in our series of articles on patent opposition in New Zealand. In our previous article, NZ Patent Oppositions – Why do I need expert evidence?, we discussed the crucial role that evidence plays in patent...more
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
Until recently, California trial courts were not required to perform the rigorous expert testimony gatekeeping responsibility adopted by federal courts and a majority of state courts. As a practical matter, California’s...more
Last week, the court in In re: Fosamax Products Liability Litigation granted Defendant Merck & Co.’s motion for a Lone Pine order. No. 06 MD 1789 (S.D.N.Y. Nov. 20, 2012). Lone Pine orders are valuable tools in defending mass...more
Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed students was how to define "defect." The panoply of tests for defective or...more
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