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
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
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
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
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
Last week, the court in In re: Fosamax Products Liability Litigation granted Defendant Merck & Co.’s motion for a Lone Pine order. No. 06 MD 1789 (S.D.N.Y. Nov. 20, 2012). Lone Pine orders are valuable tools in defending mass...more
Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed students was how to define "defect." The panoply of tests for defective or...more
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