Expert Witness

The Use And Misuse Of Expert Testimony In Bad Faith Actions

by E. Kelly Bittick Jr., Jeffrey Michael Cohen | Carlton Fields on 5/8/2013

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

by Tyler Kaczmarczyk, Peter Kryworuk | Lerners LLP on 5/2/2013

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

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

by Stuart Zacharias | Lerners LLP on 4/29/2013

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

Employee and Inventor Witnesses in Patent Trials: The Blurry Line Between Expert and Lay Testimony

by Alex Reese | Farella Braun + Martel LLP on 4/25/2013

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

Business Litigation Report -- April 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/15/2013

In This Issue: - Firm News: DoJ Star Healthcare Fraud Prosecutor Joins Washington, D.C. Office; and Quinn Emanuel Wins Top Honors at the Inaugural U.S. Benchmark Annual Awards - Main...more

Customizing an International Arbitration Clause: Strategies for Success

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/12/2013

There is no question that international commercial arbitration is becoming, more and more, a preferred method of resolving large scale international business disputes. In crafting clauses that could lead to such arbitrations,...more

When "Peer Review" Has Ulterior Motives

by Patrick Malone & Associates P.C. | DC Injury... on 4/4/2013

A federal judge this week upheld a jury verdict against the American Academy of Orthopedic Surgeons, finding sufficient evidence for the jury's decision that the AAOS acted with "reckless disregard for the truth" in...more

Jackson Reform Implementation Imminent

by Lisa Mason, Carolyn Pepper | Reed Smith on 3/28/2013

Billed as the most wide-ranging changes to the civil litigation system since 1999, radical reforms following a review by Lord Justice Jackson will come into effect in England and Wales on 1st April 2013....more

BP, Alabama to File for Sanctions Against Halliburton

by Josh Crank | Lawyers.com on 3/22/2013

Lawyers for oil giant BP and the state of Alabama told a federal judge today that they intend to file for sanctions against Halliburton for its handling of cement samples in the wake of the 2010 Deepwater Horizon oil rig...more

Judge Dismisses Some Claims, But BP Trial Goes On

by Josh Crank | Lawyers.com on 3/21/2013

U.S. District Judge Carl Barbier dismissed claims today against the contractor that supplied oil giant BP with drilling fluid, but denied most other dismissal requests from defendants in the civil trial over the Deepwater...more

Expert Testifies Deepwater Horizon ‘Not Seaworthy’

by Josh Crank | Lawyers.com on 3/15/2013

Wrapping up the third week of testimony in the Deepwater Horizon oil spill trial, marine engineering expert Edward Geoffrey Webster testified that the rig was out of compliance with international and federal safety...more

An expert is born: helping novice experts to improve the outcome

by Miles Cooper on 3/12/2013

Originally published in Plaintiff Magazine, March 2013. A last-minute flurry of activity before expert disclosure. One of the experts had a conflict — couldn’t make the trial. She suggested a colleague, “Outstanding,...more

Inside The Courts - March 2013 | Volume 5 | Issue 1

by Skadden, Arps, Slate, Meagher & Flom LLP on 3/11/2013

In This Issue: *U.S. SUPREME COURT - Class Certificaton - Amgen Inc. v. Conn. Ret. Plans and Trust Funds, No. 11 1085 (U.S. Feb. 27, 2013) - Statutes of Limitations - Gabelli v. Sec. & Exch. Comm’n, No....more

Federal Court Precludes Defendant’s Class Certification Expert

by Michael Carroll, Neal Walters | Ballard Spahr LLP on 3/7/2013

In a rare and cautionary opinion, the U.S. District Court for the District of New Jersey has precluded the testimony and report of an expert proffered by a defendant in opposition to certification in a consumer product class...more

NZ Patent Oppositions – Can I Use A Foreign Expert?

by Tracey Hendy | Freehills Patent Attorneys on 3/5/2013

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

Appellate Notes: Week of February 18

by Edward McCreery III | Pullman & Comley, LLC on 2/22/2013

In This Issue: - AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co. - AC33614 - Dorreman v. Johnson - AC34253 - Klemonski v. University of Connecticut Health Center ...more

Derek Williams Inquest Continues With Expert Testimony As To Cause And Manner Of Death

by Samster, Konkel & Safran, S.C. on 2/20/2013

The second day of the Inquest into the death of Derek Williams in Milwaukee Police Department (MPD) custody took place on Tuesday, February 12, 2013 and featured testimony by experts who disagreed regarding the cause and...more

NZ Patent Oppositions – Why Do I Need Expert Evidence?

by Tracey Hendy | Freehills Patent Attorneys on 2/13/2013

In our continuing series of articles on New Zealand patent oppositions, we look at the topic of expert evidence and why it is critical to establishing obviousness....more

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

by Mark Spatz | Cohen & Gresser LLP on 2/7/2013

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...more

Another Court Holds Daubert Analysis Required When Critical to Class Certification

by Joseph Langkamer, Theresa Loscalzo | Schnader Harrison Segal & Lewis LLP on 1/31/2013

With a split among the Circuits, no authoritative decision from the Third Circuit, and certiorari already granted by the U.S. Supreme Court on the issue, another district court has concluded that a thorough Daubert analysis...more

The ERISA Litigation Newsletter - January 2013

by Anthony Cacace, Nicole Eichberger, Page W. Griffin, Jacklina Len, Kara L. Lincoln, James R. Napoli, Brian S. Neulander | Proskauer Rose LLP on 1/25/2013

In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more

Mine is better than yours! Battle of the experts in the construction lawsuit (Law & Order: Hard Hat files Part 6)

by Melissa Dewey Brumback on 1/17/2013

Eventually, most construction lawsuits of any size involve hiring experts to review the project. These experts then usually issue an opinion as to whether or not you, as the design professional, violated the professional...more

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

by Eliot Harris | Sedgwick LLP on 1/7/2013

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

The California Supreme Court Clarifies Trial Courts’ Gatekeeper Responsibility

by J. Craig Crawford | Carr, McClellan, Ingersoll, Thompson & Horn -... on 1/7/2013

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

Federal Circuit Review - Volume 2 | Issue 12 December 2012

by Knobbe Martens Olson & Bear LLP on 12/31/2012

In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more

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