News & Analysis as of

Expert Testimony Daubert Hearing

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Holds Expert Qualified in Surgical Tool Suit Despite Lack of Experience Using the Product

The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more

Morrison & Foerster LLP - Class Dismissed

Defendants Secure Rare Summary Judgment in Zoloft MDL

In an unusual turn of events, U.S. District Judge Cynthia Rufe recently granted defendants’ motion for summary judgment as to over 300 cases in the Zoloft MDL. These cases were consolidated in 2012 and involved allegations...more

Morris James LLP

Daubert Motions Are Granted In Part; Relative Value Allocation Approach To Apportionment Is Unreliable

Morris James LLP on

Stark, C. J. Defendant’s Daubert motion is granted in part and the remaining part remains pending. Plaintiff’s motion to preclude testimony is denied in part and granted in part....more

Carlton Fields

Florida Appellate Court Embraces Daubert Standard And Provides First In-Depth Analysis Under New Law

Carlton Fields on

Last week, the Third District Court of Appeal resolved any questions concerning the applicability of the Daubert standard in Florida following the legislative changes to Florida's evidence code in July 2013. ...more

Foley Hoag LLP - Environmental Law

More on Daubert: The 11th Circuit Allows EPA’s Experts to Testify on NSR Violations

Last spring, Robby Sanoff complained in this space about the problem resulting from appellate courts’ refusal to give appropriate discretion to district judges in performing their gatekeeping function under Daubert. As Robby...more

Bilzin Sumberg

Florida Adopts More Stringent Standard For Expert Witnesses

Bilzin Sumberg on

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony....more

Foley Hoag LLP - Environmental Law

Why Trial Courts Are Reluctant To Exclude Scientific Evidence in Toxic Tort Cases

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme Court’s Daubert decision in 1993, trial courts have repeatedly been admonished...more

McDermott Will & Emery

Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult

The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for...more

BakerHostetler

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the...

BakerHostetler on

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more

Nexsen Pruet, PLLC

Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

Nexsen Pruet, PLLC on

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more

Dechert LLP

Federal Court Denies Class Certification After Daubert Analysis

Dechert LLP on

A federal court late last month declined to certify three classes of consumers in litigation claiming that a defect in Harley-Davidson Motor Co. Inc.'s motorcycles caused severe wobbling and instability. See Steven C....more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide