Inadmissible Evidence

News & Analysis as of

Warning Letters and Jurisfiction

“Jurisfiction” is a word coined by Jasper Fforde, author of the Tuesday Next series, one of the more sophisticated set of children’s works that has come to populate this post-Harry Potter era. To be very brief, Jurisfiction...more

PTAB Finds Copyright Notice is Inadmissible Hearsay – Denies Petition for IPR

Different panels of the Patent Trial and Appeal Board have, for the most part, agreed with each other on many of the key issues that arise in inter partes review proceedings. There are, however, instances of disagreement and...more

Third Circuit Weighs In On Application Of Daubert At Class Certification Stage

Since the Supreme Court’s decision in Comcast v. Behrend, 113 S. Ct. 1426 (2013) courts evaluating expert testimony at the class certification stage may not simply accept that testimony at face value. The Supreme Court did...more

Eastern District of Louisiana Rules that Factual Portions of Incident Report by Bureau of Safety and Environmental Enforcement...

In the new world of shared regulatory oversight between the United States Coast Guard (USCG) and BSEE on the Outer Continental Shelf (OCS), a mundane devil-in-the-details – but nonetheless vitally important question – had...more

$1.2 Billion Medicaid Fraud Penalty Award Reversed and Claim Dismissed in Arkansas Appeal

In another decision narrowing the scope of state Medicaid fraud statutes, on March 20, 2014, the Supreme Court of Arkansas, in Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. State of Arkansas, No. CV-12-1058, unanimously...more

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