Class certification decisions under Rule 23 of the Federal Rules of Civil Procedure mark a critical stage in any putative class action lawsuit. Rule 23(a) requires plaintiffs to prove, among other things, that “there are...more
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
Picture a deposition of a plaintiff’s treating physician. Early in the deposition, defense counsel asks the usual questions about the physician’s communications with the plaintiff’s counsel. But the plaintiff’s counsel,...more
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
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
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
Federal Rule of Civil Procedure 26(a)(2) requires retained expert witnesses to provide an expert report which gives “a complete statement of all opinions the witness will express and the basis and reasons for them.” Fed. R....more