News & Analysis as of

Expert Witness Appeals Evidence

Holland & Knight LLP

What Is "Natural?"

Holland & Knight LLP on

When it comes to consumer class action litigation, what type of evidence is required to show that labeling nutrition bars as "all natural" violates false advertising and consumer protection laws? According to the plaintiffs...more

White & Case LLP

Sharma v Minister for the Environment: A setback for climate change claimants as landmark decision is overturned on appeal

White & Case LLP on

In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more

Rumberger | Kirk

Daubert Applies Retroactively, Explains Fourth DCA

Rumberger | Kirk on

The Fourth District Court of Appeal recently issued a reminder that Daubert is the standard for all disputes regarding admissibility of expert testimony in Florida, and applies retroactively even where Frye was the standard...more

Knobbe Martens

Non-Expert Testimony on Obviousness Is Inadmissible

Knobbe Martens on

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Faegre Drinker Biddle & Reath LLP

Hierarchy of Scientific Evidence Reigns Supreme: NJ Appellate Division Affirms Exclusion of Experts in Accutane Litigation

In In re: Accutane Litigation (A-4952-16T1) — an appeal decided just 10 days after oral argument — the New Jersey Appellate Division applied the New Jersey Supreme Court’s landmark decision In re Accutane Litigation, 234 N.J....more

Sands Anderson PC

Wrongfully Convicted Man Threads the Needle: Virginia High Court Grants Writ of Actual Innocence

Sands Anderson PC on

Generally speaking, Virginia criminal defendants who want to challenge their convictions have only a few options. None of them are very good. They have 30 days from the date of their conviction to appeal to the Virginia Court...more

White and Williams LLP

Minnesota “Fryes” the Difference Between Novel Scientific Theory and Novel Science

White and Williams LLP on

In re 3M Bair Hugger Litig., 2019 Minn. App. LEXIS 11, the Minnesota Court of Appeals analyzed the applicable standard for determining whether or not expert opinion testimony based on a novel scientific theory is admissible....more

Cranfill Sumner LLP

NC Supreme Court Declines Review of Court of Appeal Decision requiring Expert Evidence in Occupational Disease Claims

Cranfill Sumner LLP on

On September 20, 2018 the Supreme Court declined a petition for discretionary review of the North Carolina Court of Appeals decision in the matter of Briggs v. Debbie’s Staffing, Inc., 812 S.E.2d 706, 707 (N.C. Ct. App.),...more

Smart & Biggar

Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal

Smart & Biggar on

On February 8, 2018, the Federal Court of Appeal issued public reasons for its decision dismissing Teva’s appeal relating to the damages and costs awarded against it for its infringement of Janssen’s patent for levofloxacin...more

Proskauer - Minding Your Business

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Today the Circuit agreed to hear en banc Nantkwest v. Matal,in which the panel had reversed a district court decision that had rejected the PTO’s position that applicants who appeal a district court must pay the PTO’s legal...more

Butler Weihmuller Katz Craig LLP

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

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

Pullman & Comley, LLC

Appellate Court Notes - Week of December 13

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

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