News & Analysis as of

Daubert Ruling

C.D. Cal. Excludes Three Plaintiff Experts in Breast Implant Case

by Reed Smith on

It is not as if we are delighted to see efforts to resuscitate breast implant litigation, but we won’t groan when the rulings are as good as they are in Laux v. Mentor Worldwide, LLC, No. 2:16-cv-01026-ODW(AGR) (C.D. Cal....more

Causation Testimony Excluded in Heart-Lung Bypass Machine Death Case – Again

by Reed Smith on

Not even three weeks ago, back on July 28, we discussed the court’s rigorous application of Daubert in excluding expert medical causation opinions in Smith v. Terumo Cardiovascular Sys. Corp., a federal case in the district...more

Seventh Circuit Underscores Important Role for Pre-Certification Challenges to Expert Witnesses

by Foley & Lardner LLP on

In order to certify a class action, it is the plaintiff’s burden to prove that all of the requirements of Rule 23 of the Federal Rules of Civil Procedure are satisfied. In some class actions, plaintiffs cannot proceed without...more

Eighth Circuit Affirms Exclusion of Expert in Hip Implant Case

by Reed Smith on

We just got tickets to see “Wicked” again (we think this will be the fourth or fifth time). Since we first saw it (on Broadway in 2003, featuring Idina Menzel’s Tony-winning performance), we have loved this quirky and...more

A Cautionary Tale Regarding Case and Witness Preparation in Third Circuit TCPA and FDCPA Decision

by Hinshaw & Culbertson LLP on

In a cautionary tale for the defense bar, the Third Circuit recently upheld a consumer's TCPA claims and reversed summary judgment on the FDCPA claims in Daubert v. NRA, Nos. 16-3613 and 16-3629 (3d Cir. July 3, 2017)....more

Third Circuit Gets Right Result In Affirming Daubert Exclusion

by Reed Smith on

Earlier this week, we posted on the Ninth Circuit’s conversion of the Daubert’s gate (that the trial court should keep) into more of a swinging saloon door. A week before the Ninth Circuit ruled that a trial court had erred...more

Ninth Circuit Reverses Daubert Exclusion

by Reed Smith on

Let’s start with a shameless plug: the author of this post, along with Sean Wajert (Shook Hardy & Bacon), will present a Strafford webinar on June 21 entitled, “Daubert/Frye Motions in Product Liability Litigation: Bringing...more

Southern District of Illinois Excludes Plaintiff’s Experts in OTC NSAID Kidney Injury Case

by Reed Smith on

Next week, we are traveling to Budapest, with a side trip to Vienna. We are visiting the Drug and Device Law Rock Climber, who is spending this semester abroad studying computer science (in Budapest) and climbing rocks (in...more

Another One Bites the Dust: Plaintiff’s Causation Expert Excluded in Hernia Mesh Litigation

by Reed Smith on

We spent Sunday evening in the familiar confines of a top-notch local professional theatre. The production was a short (80-minute), two-character play. It was entirely dialogue-driven, so everything the audience learned came...more

Plaintiffs’ Causation Expert Renounces His Own Conclusions – and Withdraws – in Mirena IIH Litigation

by Reed Smith on

We have blogged before about the Mirena IUD litigation. Cases alleging injuries from device migration and uterine perforation were centralized in an MDL in the Southern District of New York but summary judgment was granted...more

Update – Which Decisions Have Excluded Dr. Parisian, And About What?

by Reed Smith on

Back in 2013, we published a comprehensive post on the checkered Daubert history of the notorious and prolific (in equal amounts) plaintiff-side “FDA expert” (although she routinely attempts to opine way beyond FDA matters) –...more

Fourth Circuit Vigorously Applies Daubert

by Reed Smith on

Last week three of our posts dealt with Daubert issues. That was not intentional. Chalk it up to coincidence. Or was it? We are not especially superstitious, but maybe the passing last week of the great “Professor” Irwin...more

Nebraska Daubert Order Finds Expert a Mile Wide at the Mouth, But Only Six Inches Deep

by Reed Smith on

A case from Douglas County, Nebraska, caught our eye this week for a couple of reasons. It’s a great Daubert order in an Accutane case in Nebraska state court. In addition to that, this blogger’s mother grew up on a farm in...more

Summary Judgment for All Pending Cases in The Mirena MDL

by Reed Smith on

We often lament, in our curmudgeonly way, that plaintiffs in obviously lacking cases get chance after chance to keep going, all the while imposing costs and risks on the defendants and a burdens on court dockets. Plaintiffs...more

Expert’s Failure to Test Theory No “Silver Bullet” for Defense

by Wilson Elser on

The United States Court of Appeals for the First Circuit recently held that an expert offering opinions on a proposed safer alternative design in a product liability matter does not need to perform any testing of the...more

Trimming Some Fat From Statin Litigation With Daubert and Preemption

by Reed Smith on

In the mythical days of product liability yore, a big drug litigation was spurred by a notable event—like a study describing a new risk appearing in a major journal, a significant labeling change because of new or greater...more

Good Things Sometimes Come in Big Packages: Mirena Daubert Rulings Favor the Defense -- Big Time

by Reed Smith on

We spend a large portion of our professional life preparing motions to exclude the testimony of plaintiffs’ experts in mass tort litigation. Our pleasure in reading today’s decision is no doubt a function of the frequent...more

Court Rules On Summary Judgment And Daubert Motions

by Morris James LLP on

Andrews, J. Defendants’ motion for summary judgment as to no literal or indirect infringement is denied; as to no infringement under the DOE is granted; as to no willfulness is granted. Defendants’ motion to limit damages to...more

The Use of Expert Opinions in ‘Reverse-Payment’ Settlement Cases Under Actavis - King Drug Company of Florence, Inc., et al. v....

by McDermott Will & Emery on

Applying its previous rulings in related litigation and interpreting FTC v. Actavis, 570 U.S. 756 (2013), the U.S. District Court for the Eastern District of Pennsylvania was tasked with determining whether to preclude expert...more

Two Daubert Motions Are Granted.

by Morris James LLP on

M2M Solutions LLC v. Motorola Solutions, Inc., et al., C.A. No. 12-33 - RGA, February 25, 2016 - Andrews, J. Defendant’s motion to exclude damages experts’ testimony is granted. Plaintiff’s motion to exclude opinions of...more

In Daubert Ruling Excluding Both Parties’ Damages Experts, Judge Andrews Rejects FRAND Portfolio Rate as Ceiling on Reasonable...

On February 25, 2016, Judge Richard Andrews granted the parties’ cross-motions to exclude both sides’ damages experts in M2M Solutions LLC v. Motorola Solutions, Inc., C.A. No. 12-33-RGA, Dkt. Nos. 295 and 296 (D. Del. Feb....more

Lack of Proximate Cause for Failure to Warn Nets a Directed Verdict

by Reed Smith on

A week ago, in a post-script to a post on Daubert decisions, we reported that the trial court in Hexum v. Eli Lilly & Co., No. 2:13-cv-02701-SVM-MAN, 2015 U.S. Dist. LEXIS 109737 (C.D. Cal. Aug. 18, 2015), had granted...more

NC Court of Appeals’ first Daubert decision in a civil case: expert allowed to testify as to cause of fatal accident

As I previously posted, in 2011 North Carolina became a Daubert state which raised the bar for the admissibility of expert testimony in NC state courts.  In April of 2015, the NC Court of Appeals issued its first decision...more

Court Declines To Certify Damages Class in Baseball Blackout Suit

by McDermott Will & Emery on

On May 14, 2015, the Southern District of New York issued two opinions in Laumann v. Nat’l Hockey League, No. 12-cv-1817, excluding plaintiffs’ damages expert under Daubert and denying plaintiffs’ motion to certify a damages...more

Guest Post - Game of Unknowns: A Daubert Ruling From the Middle District of Florida

by Reed Smith on

Here at the DDL Blog, there are few things we enjoy more than a defense-friendly Daubert ruling – one of those things being, of course, our regular Sunday night HBO date with Game of Thrones. The “Hardhome” episode two...more

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