News & Analysis as of

Genuine Issue of Material Fact Expert Testimony

Goldberg Segalla

Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

Goldberg Segalla on

U.S. District Court for the Southern District of New York, March 28, 2022 - In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course...more

Hinshaw & Culbertson - Lawyers for the...

Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law

On October 7, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of defendant law firm. The court held the attorneys owed no duty to advise the client to cease an activity...more

Foley & Lardner LLP

The New AIA Rules May Help Patent Owners Avoid Trial

Foley & Lardner LLP on

On May 2, 2016, the amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board go into effect, and apply “to all AIA petitions filed on or after the effective date and to any ongoing AIA...more

Latham & Watkins LLP

PTO Issues New Final Rules for PTAB Proceedings

Latham & Watkins LLP on

New rules give more options to patent owners and petitioners in pre-institution phase. On March 31, 2016, the Patent and Trademark Office (PTO) issued new final rules to govern practice before the Patent Trial and Appeal...more

Lathrop GPM

New Rules For Patent Validity Challenges: What You Need To Know

Lathrop GPM on

On March 31, 2016, the United States Patent & Trademark Office (USPTO) issued new final rules to make targeted modifications to the existing consolidated set of rules implementing provisions of the Leahy-Smith America Invents...more

Haight Brown & Bonesteel LLP

Plaintiff’s Expert Physician Deemed Not Competent to Testify as to the Standard of Care Applicable to Hospitals

In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more

Brooks Pierce

Don't Rely On Your Expert's Speculation To Save You From Summary Judgment

Brooks Pierce on

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker. He rejected the evidentiary value of an expert's report stating that...more

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