Podcast - Expert Witnesses, Special Issues
Podcast - Direct Examination of Expert Witnesses
Chemical Engineering Expert Witness Experience & Discovery – IMS Insights Podcast Episode 48
Podcast: Science in the Courtroom
Bar Exam Toolbox Podcast Episode 159: Listen and Learn -- Evidence: Expert vs. Lay Witness Testimony
Podcast: What Witness Preparation Means
Podcast: Seven Witness Preparation Mistakes Lawyers Make
Podcast: Raise Your Right Hand, Miss Lillian
Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer
Inter Partes Review: Validity Before the PTAB
Supreme Court Raises the Bar for Class Certification in Comcast Corp. v. Behrend
Earlier this month, the Supreme Court declined to hear an appeal from the Ninth Circuit’s decision in Lytle v. Nutramax Laboratories, Inc. affirming the certification of a class of owners of elderly dogs, alleging that the...more
Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...more
February 11, 2025 Types : Alerts Meta Platforms, Inc. recently defeated certification of a class of consumers who claim the company lied about its user privacy safeguards and violated antitrust laws. ...more
U.S. Eleventh Circuit Court of Appeals - NLRB v. ArrMaz Products - collective bargaining, election - Lubin v. Starbucks - class action, ERISA, arbitration - USA v. Ogiekpolor - speedy trial...more
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
In June 2024, a California jury awarded plaintiffs nearly $4.8 billion in an antitrust class action against the National Football League (NFL) and DirecTV. In the case, In re National Football League's "Sunday Ticket"...more
In Cody v. City of St. Louis, 103 F.4th 523 (8th Cir. 2024), the Eight Circuit maintained its position that admissibility standards do not apply strictly at the class certification stage, thereby solidifying a circuit split...more
Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more
From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more
Industrial/Organizational Psychologists (I/O) have provided consulting expert and testifying expert support in class action employment discrimination litigation for decades. These cases address alleged discrimination in a...more
Class certification is the feature fight of any putative class action lawsuit. If granted, it can multiply the stakes of a case several hundred- or thousand-fold. If denied, it can signal the end of the litigation. Because of...more
Kilpatrick Townsend partner Jay Bogan, along with three other panel members, recently presented “Class Certification after Olean v. Bumble Bee: Expert Testimony, Uninjured Class Members, and Article III Standing.” This...more
Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more
As we touched on last summer, whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question. This question is particularly...more
In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more
On July 23, 2020, Judge Paul A. Englemayer of the U.S. District Court for the Southern District of New York denied a motion to certify a proposed class of direct purchasers of aluminum in a decision that may signal a trend...more
Takeaway: Federal appellate courts review a district court’s rulings on motions for class certification and to exclude expert testimony for an abuse of discretion. The Ninth Circuit’s recent decision in Grodzitsky v....more
A business (“the Defendants” or “X”, “Y” or “Z”) that provides expert and litigation support services cannot, simultaneously, act for a party (“the Claimant”) in one arbitration and against the Claimant in a separate...more
A few months ago, we wrote about the Second Circuit’s oral argument in the “flushable” hygienic wipes consumer class action cases. And now, the septic saga continues....more
Certifying an antitrust class under Rule 23 has become a battle. In the last 20 years, courts have been changing the game around Rule 23 interpretation, and rigorous analysis at class certification has made briefing...more
To prove damages in a consumer class action, the named plaintiff must show—among other things—how many units of the defendant’s product were purchased by consumers in the relevant state (or states). This is easier said than...more
Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more
We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...more
The Ninth Circuit’s recent decision in Sonner v. Schwabe N. Am., Inc. et al., resolves a split among district courts evaluating the standard that applies to false labeling claims brought under California’s Unfair Competition...more
This month’s key employment law cases address meal periods and payment of wages....more