Expert Testimony

Expert Witnesses Add Critical Information To Trials

While most witnesses in a trial provide first-hand testimony, expert witnesses are called to provide an informed opinion based on their specialized knowledge, skill, training or education....more

The Use And Misuse Of Expert Testimony In Bad Faith Actions

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

Effective Use of Experts

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

Pa. Supreme Court Issues Decision in Butler Case

On April 24, 2013, the Pennsylvania Supreme Court issued its highly anticipated decision in the Butler v. Charles Powers Estate case. The Supreme Court decided to maintain the status quo in Pennsylvania by reaffirming the...more

Battle of the Forms: An overview regarding authorizations to conduct independent medical examinations

Medical or other expert assessments of claimants are routine, in both the tort and AB context. This paper provides a brief overview of the framework within which such assessments take place, including the issue of whether an...more

The Supreme Court of Pennsylvania in Butler Affirms the Long-Standing Dunham Rule and Brings Certainty to Marcellus Shale Natural...

The Supreme Court of Pennsylvania in Butler v. Charles Powers Estate1 unanimously reversed the ruling of the Superior Court which held that an evidentiary hearing “complete with expert, scientific testimony” is necessary to...more

Campmor, Inc. v. Brulant, LLC

Opinion Denying Daubert Motion in Limine to Exclude SEO Expert at Trial

Defendant Brulant moves in limine to preclude the testimony of Brian Cooper, Plaintiff Campmor’s expert witness on search engine optimization (“SEO”). The Court held a Daubert hearing on April 10, 2013. The motion is denied....more

Lees v. Carthage College: A Seventh Circuit Decision on the Admissibility of Expert Testimony for the Standard of Care

The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more

Data Breach Class Actions Can't Survive Certification Without Expert Testimony On Classwide Damages

This is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013...more

The Jodi Arias Trial — Lessons Learned

I apologize for the topic of this posting but I am compelled to voice my concerns. As a former prosecutor and now white-collar defense attorney, it is painful to watch a criminal trial which is out of control. ( I know that...more

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

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

Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend [Video]

It’s been a big couple of weeks for class actions, both inside and out of the Supreme Court. Among those cases heard at by our nation’s highest court was Comcast Corp. v. Behrend, in which the justices reversed the...more

United States Supreme Court Extends Class Certification “Rigorous Analysis” to Damages Evidence

The Supreme Court recently applied its “rigorous analysis” standard to class-wide damages evidence and reversed class certification. See Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013) (slip opinion). The “rigorous...more

Exec Insists Safety Came First Before BP Oil Spill

An executive for oil giant BP testified today that he personally worked to improve the company’s safety culture in the years leading up to the Deepwater Horizon oil rig explosion that killed 11 workers and dumped millions of...more

BP’s First Defense Witness Gives Contradictory Testimony

Oil giant BP launched its defense today in the civil trial over the 2010 Deepwater Horizon oil spill, calling to the stand an offshore drilling expert who testified that BP adhered to industry standards throughout the...more

BP Could Have Stopped Gulf Oil Spill on Day 2, Says Expert

Oil giant BP could have stopped the massive 2010 oil leak in the Gulf of Mexico just two days after the blowout aboard the Deepwater Horizon oil rig, an expert witness testified today in the civil trial over the spill....more

Appellate Notes: Week of April 1, 2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Practice Tip: Don't Call Your Liquidated Damages Clause a "Penalty" In the Contract

Readers of this blog know that I am an advocate of using liquidated damages clauses in non-compete agreements. Though not for every situation, they can help avoid the knotty problem of proving lost profits damages through...more

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class

Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of the...more

Comcast Corp. v. Behrend: Even More Than Meets the Eye?

On Wednesday, the United States Supreme Court handed down its opinion in another of this term’s major class action cases. Following on the heels of Standard Fire Insurance Co. v. Knowles, where the Court closed a loophole...more

Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult

The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for...more

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the...

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more

Behrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the Merits at the Class Certification Stage

The U.S. Supreme Court has sent mixed signals this term regarding when courts can address merits issues at the class certification stage. On March 27, 2013, in Comcast Corp. v. Behrend, the Court reaffirmed that lower courts...more

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more

Supreme Court Requires Proof at Certification Stage that Damages Can Be Measured on Class-Wide Basis

In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis....more