News & Analysis as of

Expert Testimony Burden of Proof

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

Court Rules in Favor of Investment Adviser after Trial in Section 36(b) Excessive Fee Case

by Goodwin on

In a case closely watched by the mutual fund industry, the federal district court in New Jersey ruled on Thursday in favor of a mutual fund’s investment adviser and against the shareholders who had brought the lawsuit under...more

If Your Expert Doesn’t Know the Product he is Testifying on, You’re Gonna Have a Bad Time

by Field Law on

Most will remember the case McDougall v. Black & Decker Canada Inc. as being the leading Alberta case on the issue of spoliation. A fire occurred which burned down the Plaintiffs' house. The Fire Department who initially...more

Knee Implant MDL Judge Enters Aggressive Lone Pine Order

by Reed Smith on

We love Lone Pine orders. First of all, we love the name. Makes us think of a cowboy eating beans under a scraggly tree. On the prairie. Listening to Dolly Parton. We also love Dolly Parton, whom we saw in concert last week...more

"Staples-Office Depot Mergers, 1997 v. 2016: Changed Industry, Same Result"

On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its...more

Gutsy Gatekeeping: Plaintiffs’ Experts Excluded in Lipitor MDL

by Reed Smith on

This week, as Drug and Device Law Jews, we are preparing for Passover, which, like most Jewish holidays, begins with a multi-generational dinner at the home of the Drug and Device Law Bubbie (our mother). Although we of the...more

Federal Circuit Explores Expert Declaration as IPR Supplemental Evidence

Getting caught up on a Federal Circuit decision from late last year, we take a look at the Federal Circuit’s decision in Redline Detection, LLC v. Star Environtech, Inc. (2015-1047), decided on December 31, 2015. In this...more

Defending Nonsubscriber Lifting Injuries – Part VIII – “But For” Causation

by Winstead PC on

Regardless of what factual theory of negligence a lifting injury plaintiff pursues, the plaintiff must prove that the negligence of the defendant caused the injury at issue. As simple as this concept appears, the nature of...more

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

by Nexsen Pruet, PLLC on

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

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