Federal Rule of Civil Procedure 26(a)(2) requires parties to disclose the opinions of experts who may present evidence at trial. If the disclosures are inadequate, Rule 37(c) requires exclusion of the opinions “unless the...more
12/16/2024
/ Admissibility ,
Causation ,
Daubert Standards ,
Disclosure ,
Discovery ,
Evidence ,
Exclusionary Clauses ,
Expert Testimony ,
Expert Witness ,
Federal Rules of Civil Procedure ,
Rule of Evidence 702
Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more
Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more
5/18/2023
/ Admissibility ,
Daubert Standards ,
Disclosure ,
Discovery ,
Exceptions ,
Expert Testimony ,
Expert Witness ,
Litigation Strategies ,
Rule 26(b) ,
Statute of Limitations ,
Summary Judgment
It is not uncommon for an opposing expert to opine that the existence of injury alone implies negligence, nor is it unusual to find that such opinions are supported only by general reliance on “literature” with no discernible...more
Multidistrict litigation is often criticized for enabling plaintiffs to file meritless cases and then hide in large inventories, hoping to be swept up in a settlement (whether global or otherwise) before the case is...more
A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more
10/22/2021
/ Decision-Making Process ,
Design Defects ,
Discovery ,
Evidence ,
Failure To Warn ,
Federal Rules of Civil Procedure ,
Health Care Providers ,
Informed Consent ,
Manufacturers ,
Medical Devices ,
Physicians ,
Statute of Limitations ,
Summary Judgment