News & Analysis as of

Expert Testimony

Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law

by CloudNine on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve...more

Using Lay Witnesses To Combat Experts: Taking A Knife To A Gun Fight?

by Bryan Cave on

Expert witnesses can be expensive. Yet, in estate disputes, they may be unavoidable. When a will gets challenged based on an alleged lack of testamentary capacity or undue influence, you can all but guarantee that the...more

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

Products Liability? Prove It

by Nexsen Pruet, PLLC on

Under South Carolina law, a products liability case may be founded in several theories, including warranty. Regardless of the chosen theory, however, a plaintiff must establish (1) he was injured by the product; (2) at the...more

PTAB Grants Rare Rehearing Due To Insufficient Evidence Of Obviousness

by Jones Day on

In Coalition For Affordable Drugs VI, LLC v. Celgene Corp. (2015-01096, -01102, -01103), the PTAB granted Patent Owner Celgene’s request for rehearing of a final written decision that had found the challenged claims invalid...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

Ind. Upholds Reduction of Obese Decedent’s Life Expectancy

by Faegre Baker Daniels on

Actuarial tables put the life expectancy of a 31-year-old male at 46.5 more years. But when Christopher McDaniel died at 31, allegedly as a result of medical negligence, the court calculated his life expectancy at no more...more

Case Law Suggests Use Of Expert Opinion For Determining IPR Estoppel Of Grounds That Petitioner "Reasonably Could Have Raised"

by Brinks Gilson & Lione on

Under 35 U.S.C. § 315(e), a final written decision in an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) results in estoppel of certain actions by the petitioner. Specifically, under 35 U.S.C. §...more

Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law

by CloudNine on

In New Mexico Oncology v. Presbyterian Healthcare Servs. No. 1:12-cv-00526 MV/GBW (D.N.M. Aug. 16, 2017), New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the...more

Federal Circuit Reverses PTAB for Refusing to Allow Supplementation of Record to Add Later Inconsistent Deposition Testimony from...

The Board exercises substantial power over the scope of the record in IPRs, but the Federal Circuit’s decision in Ultratec v. CaptionCall illustrates a limit on that power. The case involved a collection of consolidated IPR...more

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

by Cozen O'Connor on

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

Interesting and Useful Cases in Torts and Insurance - June 2017 in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance....more

Amgen v. Hospira: Litigation Update

by Goodwin on

With the September 18, 2017 trial date fast approaching, the district court in Amgen v. Hospira last week denied Hospira’s motion for summary judgment of non-infringement of its proposed biosimilar of Epogen®/Procrit®...more

Business Litigation Report - August 2017

Supreme Court Highlights Importance of Statute-Specific Venue Rules - The Supreme Court upended nearly thirty years of practice when it ruled, in the TC Heartland LLC v. Kraft Foods Group Brands LLC U.S. , 137 S.Ct. 1514...more

Federal District Court Orders New Trial in Tort Lawsuit Against Natural Gas Producer

by Beveridge & Diamond PC on

Illustrating the importance of expert testimony in establishing a factual basis for private nuisance claims and damages in tort actions, a Pennsylvania federal judge vacated a $4.24 million jury verdict and granted a new...more

Healthcare Law Update: September 2017

by Holland & Knight LLP on

OIG Advisory Opinions - Manufacturer's Free Replacement of Spoiled Pharmaceutical Products Authorized - On Aug. 25, 2017, the U.S. Department of Health and Human Services' (HHS) Office of Inspector General (OIG)...more

August 2017: Product Liability Litigation Update

Hot Topic: Plaintiffs’ Efforts to Evade the Burden of Supporting Products Liability Claims with Expert Testimony. The core allegations in many product liability cases are that the manufacturer failed to adequately warn of its...more

Trading in Opaque Markets: Fraud, Materiality and Compliance

by Dorsey & Whitney LLP on

This is the third segment of an occasional series regarding a group of criminal and civil securities fraud actions involving trading in opaque markets and the lessons that can be drawn them. Litvak II - Before Shapiro...more

Court Bounces Untimely Extrinsic Evidence in Claim Construction Phase

In order to carry out the “just, speedy, and inexpensive determination” of the cases before them, courts rely on scheduling orders to ensure that cases move forward in a timely and efficient manner. In patent cases, where...more

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

by Dorsey & Whitney LLP on

The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25...more

Robinson v. Azer

Court's ruling on motion for new trial and/or remittitur of a record personal injury verdict, on 7/20/2017

This transcript is the trial court's ruling denying a defendant's motion for new trial and/or remittitur of the verdict amount ($8.35 million, a record in this court) in a medical malpractice case brought for a man whose...more

Robinson v. Azer

Plaintiffs’ Opposition To Motion For Remittitur Or New Trial

This brief was filed in successful opposition to a defense motion for new trial or to reduce a large verdict for the plaintiffs in a medical malpractice trial in the District of Columbia in 2017. The brief addresses issues...more

Causation Testimony Excluded in Heart-Lung Bypass Machine Death Case – Again

by Reed Smith on

Not even three weeks ago, back on July 28, we discussed the court’s rigorous application of Daubert in excluding expert medical causation opinions in Smith v. Terumo Cardiovascular Sys. Corp., a federal case in the district...more

Genentech to Defend 3 of 4 Herceptin® Patents Challenged by Hospira

by Jones Day on

At least 19 IPRs have been filed against seven of Genentech’s patents covering its blockbuster antibody drug Herceptin® (trastuzumab). On July 27, 2017, the PTAB instituted IPRs filed by Hospira, Inc. (a subsidiary of Pfizer)...more

Board Was Mixed Up Over Blender Patent

In Homeland Housewares, LLC v. Whirlpool Corp., [2016-1511] (August 4, 2017), the Federal Circuit reversed the PTAB’s determination that Whirlpool’s U.S. Patent No. 7,581,688 relating to a household blender was not...more

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