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Expert Reports Appeals

McDermott Will & Emery

Game Over when Expert Fails to Use Correct Claim Construction

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that a district court did not abuse its discretion in striking expert testimony where the testimony did not rely on an agreed and court-adopted claim construction....more

BCLP

Uncontroverted expert evidence: what is the court’s role?

BCLP on

What is the role of the court where expert evidence is “uncontroverted”, but appears not to prove the claimant’s case to the requisite standard? The Court of Appeal had to contend with that issue recently in Griffiths v TUI,...more

Hogan Lovells

Don’t overstep the mark: what can an independent expert decide in a rent review determination?

Hogan Lovells on

The old saying goes “if you give them an inch, they’ll take a mile”, but the Court of Appeal has reaffirmed that an independent expert appointed by parties to make a binding determination in relation to their dispute is not...more

Dechert LLP

Second Circuit Clarifies Summary Judgment Standards in Antitrust Conspiracy Case

Dechert LLP on

The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more

Clark Hill PLC

Healthcare Liability Affidavits Not Required in Federal Court

Clark Hill PLC on

The Fifth Circuit recently denied en banc reconsideration of Passmore v. Baylor Health Care System, 823 F.3d 292 (5th Cir. 2016). In the Passmore opinion, the court held that Texas’ requirement regarding expert reports in...more

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