There are two trends increasing the costs of patent litigation.
The first is the increased use of Daubert motions to exclude the opinion of opposing damage experts as unqualified or unreliable. The practical result...more
Having recently observed the cross-examination of an expert economist at an antitrust jury trial, I thought I’d note some observations and conclusions....more
Florida’s legislature recently amended the state’s evidence code to adopt the Daubert standard for admissibility of expert testimony. Despite the U.S. Supreme Court’s abandonment of the Frye “general acceptance” standard in...more
Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator,...more
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
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
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