U.S. District Court for the Eastern District of Louisiana - As previously reported on Asbestos Case Tracker, plaintiff Frank Ragusa alleges that he developed mesothelioma from asbestos exposure. Defendant Huntington...more
Court: Superior Court of New Jersey, Appellate Division Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and...more
Circuit Judge Bryson, sitting by designation in the US District Court for the District of Delaware, excluded a plaintiff’s damages expert opinion because the evidence relied upon by the expert was unreliable and therefore...more
Kovach v. Wheeling & Lake Erie Ry. Co., No. 3:18-CV-02826-JGC, 2021 WL 3774900 (N.D. Ohio Aug. 25, 2021) encourages defense attorneys to challenge experts with tactics other than Daubert, as the court avoided excluding...more
In a decision reinforcing the importance of expert testimony in design defect and failure to warn cases, the Eastern District of New York recently dismissed claims against the makers of PAM cooking spray. In Urena v....more
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
The latest installment in the cat-and-mouse game of deciding priority in Interference No 106,155 between Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively,...more
In Orange County Water District v. The Arnold Engineering Company (D070763), the Fourth Appellate District examined the criteria for evaluating the reasonableness of a parties’ denial of requests for admission (RFA’s) based...more
The Ninth Circuit’s decision not to grant en banc rehearing in Sali v. Corona Regional Medical Center should all but guarantee that the issue of expert testimony at the class certification stage is heading to the Supreme...more
The U.S. Court of Appeals for the Ninth Circuit just denied a request to review en banc a panel ruling that authorizes trial courts to consider evidence that would be inadmissible at trial when deciding whether a class may be...more
The Holding - In Hunton v. American Zurich Ins. Co., 2018 WL 1182550 (D. Ariz. Mar. 7, 2018), an insurance bad faith case arising from a workers compensation claim, the Arizona District Court excluded an Insured’s expert...more
Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more
On February 14, 2017, Judge Chhabria of the Northern District of California granted, in part, Apple’s motion to exclude the expert report of Unwired Planet’s survey expert, Dr. Allenby. Dr. Allenby was hired to conduct a...more