News & Analysis as of

Expert Witness Appeals

Seventh Circuit Explains Disclosure of Hybrid Witnesses under Fed. R. Civ. P. 26(a)(2)(C)

by Foley & Lardner LLP on

The Seventh Circuit’s recent decision in Indianapolis Airport Authority v. Travelers Property Casualty Co. of America, No. 16-2675 (7th Cir. Feb. 17, 2017), written by Judge David Hamilton, is one for civil litigators to take...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Recent Arizona appellate decisions of note to providers

by Snell & Wilmer on

With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

Supreme Court of Missouri Holds No Waiver of Work Product Privilege When Party Rescinds Designation of Expert Witness Without...

by Williams Venker & Sanders on

State ex rel. Jason H. Malashock v. The Honorable Michael T. Jamison, SC 95606 (November 1, 2016) The Supreme Court of Missouri reversed a trial court’s order permitting the deposition of a plaintiff expert witness on...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Second Circuit Affirms Exclusion of Certain Foreign Purchasers and Purchases from Securities Class Action

The U.S. Court of Appeals for the Second Circuit issued a lengthy opinion today in the long-running In re Vivendi, S.A. Securities Litigation, affirming the jury’s verdict on liability and addressing issues about loss...more

Perspectives On The PTAB - Inaugural Issue

We are pleased to share this Perspectives on the PTAB newsletter. Its content is directed toward providing information and analysis of the decisions made by the Patent Trial and Appeal Board. We hope that this newsletter...more

Southern District of Illinois Court Denies Motion to Exclude “Every Exposure” Opinion

by Wilson Elser on

On September 21, 2015, the United States District Court for the Southern District of Illinois denied a defendant’s motion in limine to exclude expert testimony in an asbestos case. Judge Staci M. Yandle denied General...more

Maryland Court of Appeals Holds that Expert Is Not Permitted to Opine as to Source of Lead Paint Exposure Based Solely Upon...

by Miles & Stockbridge P.C. on

On October 16, 2015, in Jakeem Roy v. Sandra B. Dackman, et al., No. 6, Sept. Term 2015 (Md. Oct. 16, 2015), the Court of Appeals of Maryland held that a pediatrician is not qualified to offer an expert opinion regarding the...more

Court Blocks Attempt to Circumvent the Med-Legal Process

On October 28, 2015, the Second District Court of Appeal, Division Six, published its opinion in Margaret Batten v. Long Beach Memorial Hospital, B260916, in which it determined that a self-procured medical-legal report...more

Can a Prevailing Plaintiff Recover Expert Fees? The Second Circuit Says “No”

The Second Circuit Court of Appeals recently ruled that expert witness fees are not recoverable under the Fair Labor Standards Act (FLSA). In Gortat v. Capala Brothers, Inc., No. 14-3304-cv (July 29, 2015), the Second Circuit...more

Rhode Island Supreme Court Decision Serves As A Reminder To Engage Necessary Experts Early In The Case

A recent Rhode Island Supreme Court decision serves as an important reminder of the need to engage essential expert witnesses early in a case and, at a minimum, before discovery responses are due....more

Massachusetts Supreme Judicial Court Reinforces the Standard for Detailed and Complete Expert Disclosures and Clarifies the...

by Wilson Elser on

Massachusetts has made much ado about expert disclosures in recent years, even going so far as to implement the still “newish” Superior Court Rule 30B, which requires experts to sign party disclosures of the facts, opinions...more

Fourth Circuit: Business Judgment Rule May Not Protect Bank Officers in FDIC Action

Why it matters - Bank officers may be liable in a lawsuit brought by the Federal Deposit Insurance Corp. (FDIC) while the directors escaped liability, in a new ruling from the Fourth Circuit Court of Appeals interpreting...more

No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA

by Seyfarth Shaw LLP on

Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges

by Carlton Fields on

Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s...more

No Special Rules Regarding Consideration of Expert Declarations in IPR Proceedings - In re International Business Machines Corp.

by McDermott Will & Emery on

In a non-precedential opinion, the U.S. Court of Appeals for the Federal Circuit declined to direct the U.S. Patent and Trademark Office (PTO) to create a particularized written standard for consideration of inter partes...more

The 4th District Adheres To Rule Limiting Discovery Of Expert Witness’s Earnings And Financial Information

The Fourth District adheres to Rule 1.280(b)(5)’s discovery limitations with regard to a witness’s earnings as an expert witness or income derived from other services in the absence of “the most unusual or compelling...more

Westerhoff and McCallum: More from the OCA on Expert Evidence

by Dentons on

The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.  All three appeals were heard together....more

Moore v. Getahun: Expert Witnesses

by Dentons on

On January 29, 2015, the Ontario Court of Appeal released its widely-anticipated reasons in Moore v. Getahun (2015 ONCA 55). In the lower court’s controversial decision released last year, the court criticized the practice of...more

Evidence – Expert Witness Testimony – Grounds for Exclusion

by Low, Ball & Lynch on

City of Pomona v. SQM North America Corporation - Court Of Appeals, Ninth Circuit Nos. 12-55147, 12-55193 (May 2, 2014) - Under Federal Rule of Evidence (“FRE”) 702, expert witness testimony must meet certain...more

Prohibiting Discovery of Attorney-Expert Communications

by Cozen O'Connor on

Are communications between attorneys and their retained experts discoverable? For now, the answer appears to be no, as a divided Pennsylvania Supreme Court recently affirmed a Superior Court decision “creat[ing] a...more

Appellate Court Notes - Week of December 13

by Pullman & Comley, LLC on

AC34918 - Cuozzo v. Orange - AC34918 Dissent - Cuozzo v. Orange - This is a case where a little more effort should have gone into a Motion to Dismiss. The Appellate Court held that the Trial Court improperly...more

Appellate Notes: Week of February 18

by Pullman & Comley, LLC on

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

26 Results
|
View per page
Page: of 2
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.