Generative AI (AI) is creating exciting opportunities in the realm of complex litigation and expert witness preparation. The technology offers meaningful value that ultimately allows experts to focus their time on high-level...more
Ethylene oxide (EtO) is a naturally occurring, colorless gas compound used primarily in the sterilization of medical and dental equipment, in construction, and in transportation. It can also be found in various consumer...more
In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer.The case, which arose from claims...more
Sedgwick Claims Mgmt. Services v. Thompson, Fla. 1st DCA, No. 1D2023-0193, Sept. 3, 2025 - In this matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d)...more
Last week, the Fourth Circuit denied defendants' petition for rehearing in Sommerville v. Union Carbide, a proposed class action for medical monitoring for alleged exposure to emissions of ethylene oxide (EtO). The denial of...more
The Georgia Court of Appeals issued a decision on October 31, 2025, addressing the reliability and admissibility of expert testimony on general causation in toxic tort cases in Georgia. See Sterigenics US LLC. Mutz, No....more
Econometrics, the application of statistical methods to economic data, can be instrumental in the identification of anticompetitive behavior by assisting in analyses including the assessment of market power, the evaluation of...more
Even “[a] supremely qualified expert cannot waltz into the courtroom and render opinions” unless those opinions pass muster under Federal Rule of Evidence 702. Clark v. Takata Corp., 192 F.3d 750, 759 n.5 (7th Cir. 1999). As...more
When a serious injury disrupts someone’s ability to work and earn money, the ripple effects are immediate and far-reaching. Questions about employability, lost wages, and future earning capacity can quickly become central to...more
On September 22, 2025, the Department of Health and Human Services (HHS) released a report highlighting alleged consistent associations between in utero acetaminophen (Tylenol) exposure and later diagnoses of autism spectrum...more
On August 18, 2025, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reversed a district court order dismissing an ethylene oxide (“EtO”) exposure case for lack of Article III standing. The majority in...more
In a notable ruling for Telephone Consumer Protection Act (TCPA) litigation, the U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision to exclude a plaintiff’s expert witness and deny...more
Eastern District of California Judge William B. Shubb certified a class of thousands of former NCAA Division I volunteer coaches who had sued the NCAA for anticompetitive compensation prohibitions. Originally published in...more
Davis v. Capital One, N.A., No. 24-1507, 2025 WL 2445880 (4th Cir. Aug. 25, 2025). Background. Defendant made prerecorded calls to Plaintiff, a non-customer, attempting to reach a customer that had provided consent...more
In high-stakes personal injury litigation, a qualified vocational expert with proven experience can mean the difference between a credible damages narrative and one that falls apart under scrutiny. Join IMS on Thursday,...more
The judge overseeing the In re Roundup Products Liability Litigation MDL once remarked that “When you [consider] Ninth Circuit law, you come away with a pretty strong feeling that the Ninth Circuit is more tolerant of shaky...more
The use of expert testimony in litigation is often a minefield of questionable “expertise” and even more questionable methodology. What was originally intended to allow scientists, engineers and doctors to explain complex...more
“So when is a question too complicated for the jury?” That is the question the Third Circuit sought to answer recently in Slatowski v. Sig Sauer, Inc., ___ F. 4th ___, 2025 WL 2178533 (3d Cir. 2025), reversing a district...more
In high-stakes litigation, expert testimony that cannot withstand a Daubert or Robinson challenge can derail even the most well-prepared case. A failed Daubert or Robinson challenge can leave attorneys without their key...more
The US Court of Appeals for the Tenth Circuit affirmed a summary judgment dismissal of a trade secret misappropriation complaint, finding that the plaintiff failed to take reasonable measures to maintain the secrecy of a...more
The Delaware Superior Court took the mass tort world by surprise with its May 31, 2024, refusal to exclude the plaintiffs’ experts’ causation opinions in the Zantac litigation, breaking with the federal MDL court’s prior...more
In a mixed ruling on evidentiary exclusions and damages methodology, the US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part, and remanded a district court’s decision that excluded...more
We previously blogged about a decision in the In re Deepwater Horizon BELO litigation – Ruffin v. BP Exploration & Production, Inc. – in which the Fifth Circuit affirmed summary judgment for defendants in an alleged chemical...more
Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd., Appeal No. 2023-1715 (Fed. Cir. July 28, 2025) In our Case of the Week, the Federal Circuit addressed three issues arising from a...more
In Jiaxing Super Lighting Elec. Appliance, Co. v. CH Lighting Tech. Co., Ltd, the Court of Appeals for the Federal Circuit reviewed the judgment in a patent infringement case involving three patents owned by Jiaxing Super...more