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Design Defects › Product Defects › Daubert Standards

Faegre Drinker Biddle & Reath LLP

Expert’s Results-Driven Methodology Leads to Exclusion and Summary Judgment in Paraquat MDL

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An expert witness is not supposed to pick a desired result and then reverse engineer inputs and methods that reach that result. As the Ninth Circuit observed 30 years ago, “[c]oming to a firm conclusion first and then doing...more

Faegre Drinker Biddle & Reath LLP

Ipse Dixit – It’s Not Just for Analytical Gaps Anymore

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There are few legal phrases more fun to say than “ipse dixit.” The phrase is most commonly used in motions to exclude experts who base their opinions on nothing more than their own say so...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Confirms That Alleged Defect in “Simple” Component of More Complex System Must Be Proven by Expert Testimony When...

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A plaintiff who alleges that a product is defective usually has to offer expert testimony in support of that allegation. This should come as no surprise for complex products – if it took a team of scientists and engineers to...more

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