News & Analysis as of

Golden Bridge v. Apple: No Third Bite at the Apple as Damage Expert Excluded After Two Failed Reports and Where Trial Was Already...

Two weeks earlier, the court excluded the expert opinion and testimony of Plaintiff Golden Bridge Technology's ("GBT") damages expert. Nonetheless, the court gave GBT one week to submit a new report based on a new theory....more

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

MASS TOXIC TORTS - West Virginia Chemical Spill Prompts Wave of Lawsuits - The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more

Federal Circuit to Review Virginia Court's Decision Excluding Expert Report and Testimony Due to Failure to Apportion Royalty Base...

At the behest of Facebook, Inc., a defendant in a patent infringement case, a Virginia court excluded the report and testimony of a damages expert because the expert failed to apportion the revenue to the features causing the...more

Damage Expert Stricken without Leave to Amend after District Court Determines That Expert Over Reached by Using Entire Market...

As this patent infringement action moved closer to trial, the parties filed various motions in limine, including defendant Fortinet Inc.'s motion to strike the report and expert testimony of Network Protection Sciences, LLC's...more

Recent Supreme Court Rulings on Class Actions

The Supreme Court continued to focus on class action litigation during this term, handing down a number of significant rulings relating to jurisdiction, class certification, and arbitration of putative class claims. The many...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

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

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

Supreme Court Rules That District Court Must Rigorously Review Plaintiffs’ Damages Model at Class Certification Stage

The Supreme Court this week in Comcast Corp. v. Behrend forcefully reiterated that Rule 23(b)(3) requires the district court to engage in rigorous review to ensure that damages are capable of measurement on a classwide basis,...more

Supreme Court Raises The Bar For Class Actions

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

Business Court Excludes Testimony Of Financial Expert On Lost Profit Damages

The case of Blythe v. Bell is like the gift that keeps on giving. It generated two significant opinions last year, and this week a third and a fourth. The July 2012 opinion was a major e-discovery decision, and the December...more

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