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Expert Testimony Lanham Act

McDermott Will & Emery

Smart Choice: Survey Design Didn’t Render Survey Unreliable

McDermott Will & Emery on

Underscoring its faith in a jury’s competency to use its “common sense and experience” in evaluating evidence, the US Court of Appeals for the Ninth Circuit affirmed a district court’s judgment in favor of the defendants in a...more

Dorsey & Whitney LLP

Scantily Clad Survey Gets Bounced Out in Strip Club Scuffle

Dorsey & Whitney LLP on

Survey evidence in Lanham Act cases can often times be pretty revealing. If you develop it correctly, survey evidence can be a key ingredient to a successful outcome. But if you develop it incorrectly it will show flaws that...more

Fox Rothschild LLP

District Of Delaware Grants Defendant’s Motion To Exclude Plaintiff Damages Expert’s Testimony In False Advertising Action Under...

Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Colm F. Connolly in CareDx, Inc. v. Natera, Inc., Civil Action No. 19-662-CFC-CJB (D.Del. May 7, 2021), the Court granted Natera’s motion to exclude at trial the opinions of...more

Cozen O'Connor

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

Cozen O'Connor on

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims. However, another important...more

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