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Expert Witness Appeals

Knobbe Martens

An Expert Witness Need Not Have Been a Posita at the Time of the Invention

Knobbe Martens on

Before Dyk, Clevenger, and Stoll.  Appeal from the United States District Court for the District of Delaware. Summary: An expert witness can testify from the perspective of a POSITA at the time of the invention even if they...more

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Flooding/Road Improvements: Massachusetts Appellate Court Addresses Private Nuisance Issue

A Massachusetts appellate court addressed in an August 10th Opinion an issue arising out of the flooding of property allegedly caused by adjacent road improvements. See Gillis v. Town of Uxbridge, No. 22-P-641, 2023 WL...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

Whitcomb Selinsky, PC

10th Circuit Rules Medical Expert Is Not Always Required for ADA Case

Whitcomb Selinsky, PC on

On November 8, 2019, the 10th Circuit Court of Appeals affirmed in part and remanded in part Jonella Tesone's ADA claim back to the U.S. District Court.  The issue that Ms. Tesone's lawyers took to the Court of Appeals was...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Holds Expert Qualified in Surgical Tool Suit Despite Lack of Experience Using the Product

The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more

Smart & Biggar

Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings

Smart & Biggar on

In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff, Flatwork Technologies, LLC (Flatwork), in respect of its patent impeachment...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Product Liability Appeal Won Due to Analytical Gaps in Plaintiff's Expert Witness Opinion

In a negligence and failure-to-warn case brought against a product distributor, the plaintiff was relying on their expert witness as the sole means to prove that the product at issue came from the defendant. However, the...more

Sunstein LLP

FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough

Sunstein LLP on

As we demonstrated in our own successful appeal, Arendi S.A.R.L. v. Apple Inc. (Fed. Cir. 2016), a petition for inter partes review (“IPR”) may fail when an expert declaration lacks detailed explanation. An expert’s...more

Miles & Stockbridge P.C.

Maryland's Highest Court Issues Landmark Decision Adopting Daubert Admissibility Standard

The Court of Appeals stepped in for Hollywood last week to make sure Marylanders (or, at least, Maryland litigators) did not go the whole summer without a blockbuster. In Rochkind v. Stevenson II (“Stevenson II”), Judge...more

Knobbe Martens

The Definition of “Half-Liquid” Is Only Half Baked

Knobbe Martens on

IBSA INSTITUT BIOCHIMIQUE, S.A. V. TEVA PHARMACEUTICALS USA, INC. Before Prost, Reyna, and Hughes. Appeal from the District Court of Delaware - Summary: A term may be indefinite when the proposed construction is not...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

Holland & Knight LLP

AseraCare Announces Settlement of Landmark False Claims Act Case for $1 Million

Holland & Knight LLP on

After litigation spanning more than a decade, hospice provider AseraCare announced its $1 million settlement with the U.S. Department of Justice (DOJ) in a closely-watched False Claims Act (FCA) case in the U.S. District...more

McDonnell Boehnen Hulbert & Berghoff LLP

HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. 2020)

Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...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

Burr & Forman

Contractor Learns You Need an Expert to Join “Battle of the Experts”

Burr & Forman on

It kind of goes without saying, but you should probably bring your expert to a dispute if there is going to be a battle of the experts. One contractor recently learned this lesson to the tune of $65,000....more

Knobbe Martens

Expert Testimony Must Be Tethered to Supporting Evidence

Knobbe Martens on

Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. TQ DELTA, LLC v. CISCO SYSTEMS, INC. Summary: Findings of fact at the PTAB must be supported by substantial evidence, and conclusory expert...more

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Tucker Arensberg, P.C. on

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

White & Case LLP

'Common Law Common Sense' delay analysis

White & Case LLP on

In White Constructions Pty Ltd v PBS Holdings Pty Ltd [2019] NSWSC 1166 the Supreme Court of New South Wales, Australia, rejected both parties' expert delay analysis and the methodologies on which they were based, holding...more

Baker Donelson

Disagreements over a Medical Judgment Cannot Form the Basis for Liability Under the False Claims Act

Baker Donelson on

A new federal court decision offers a ray of light to those providers defending false claims actions based on an alleged lack of medical necessity. On September 9, 2019, the United States Court of Appeals for the Eleventh...more

Harris Beach PLLC

Court Decision Highlights Key Role of Expert Witness in Food Manufacturer Suits

Harris Beach PLLC on

The Appellate Division of New York, Second Department, recently upheld a lower court’s decision denying a defendant manufacturer’s application to perform destructive testing on a plastic object surgically removed from...more

Dechert LLP

Data Subject Access Requests in the UK: Latest High Court Guidance – Recipients and Sources of Information

Dechert LLP on

A recent High Court decision concerning compliance with a data subject access request considered the basis upon which an individual can require the data controller to provide the names of those in receipt of his or her...more

Snell & Wilmer

That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common...

Snell & Wilmer on

In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements...more

Sands Anderson PC

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

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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

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