News & Analysis as of

Expert Testimony Motions in Limine

Goldberg Segalla

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

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Court: United States District Court for the District of Montana, Great Falls Division - From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a...more

Goulston & Storrs PC

Massachusetts Court Allows Dueling Expert Testimony on Differing Theories of the Timing for the Valuation of Legal Malpractice...

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The Superior Court recently ruled that a plaintiff in a legal malpractice action seeking recovery for damages resulting from his loss of corporate stock may introduce at trial expert testimony concerning the valuation of that...more

Fox Rothschild LLP

An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say

Fox Rothschild LLP on

When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third. In Vitaform, Inc. v. Aeroflow, Inc.¸ 2023 NCBC 20A, the Business Court afforded...more

Goldberg Segalla

Turbine Manufacturer’s Motion to Exclude Expert Opinion Testimony Denied

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U.S.  District Court for the Eastern District of Louisiana Decedent James Grant Gooding was employed at various shipyards in Louisiana between 1970 and 1979. On March 4, 2020, he filed suit against a variety of premises...more

Obermayer Rebmann Maxwell & Hippel LLP

Beware the General Verdict Rule If You Want a New Trial on Damages

Suppose your pre-trial motion to exclude certain evidence was denied, and you believe that evidence improperly influenced the jury’s verdict. That is what happened to defendants in Cowher v. Kodali. Unfortunately, when they...more

Stark & Stark

Federal Court Upholds Admissibility of Diffusion Tensor Imaging Testimony

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The United States District Court for the Southern District of New York provided another victory for the admissibility of diffusion tensor imaging. Defendant moved in limine to preclude the trial testimony of four of the...more

Goldberg Segalla

Naval Expert’s Testimony Limited on Duty to Warn Issue

Goldberg Segalla on

United States District Court for the Eastern District of Louisiana, September 29, 2022 - The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the...more

Husch Blackwell LLP

Specific Causation Standard Further Addressed In New York

Husch Blackwell LLP on

Specific causation in an asbestos matter was addressed in a recent decision by the First Department of the New York Supreme Court. Notably, the decision is the first time an appellate court in New York affirmed a jury verdict...more

Hinshaw & Culbertson - Health Care

Emergency Physician Not Qualified to Opine on Psychiatric Standard of Care: Hinshaw's Annual Guide to Key Illinois Medical...

Can an emergency medicine physician offer expert opinions about the standard of care for psychiatric evaluation in drug overdose cases? Fara Biundo, as Special Administrator of the Estate of Zenah S. Muhdi, Deceased v....more

Hinshaw & Culbertson - Health Care

$50M Jury Verdict Overturned on Appeal Because Evidence of Autism Excluded at Trial: Hinshaw's Annual Guide to Key Illinois...

Did a trial court err in excluding evidence of subsequent formal diagnosis of autism when potentially alternative cause of current condition of minor? Julien Florez v. Northshore University Healthsystem d/b/a Evanston...more

Jones Day

ITC Excludes Expert Testimony for Violation of Ground Rules

Jones Day on

In a recently issued order, ALJ Lord granted-in-part and denied-in-part Respondents’ motion in limine to exclude certain testimony of Complainants’ expert. Certain Radio Frequency Microneedle Dermatological Treatment Devices...more

Jones Day

ITC Does Not Strictly Enforce the Daubert Standard for Expert Testimony

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In a recently issued pair of orders, ALJ Lord denied both Respondents’ and Complainants’ motions in limine to exclude certain expert testimony. Certain Radio Frequency Microneedle Dermatological Treatment Devices and...more

Carlton Fields

Preserving The Record For Appeal: A Trial Lawyer's Checklist

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This checklist is intended as an overview to help trial lawyers preserve the record for appeal. It is not exhaustive of all steps necessary to preserve error in every situation. Certain rules may vary by state/federal...more

Holland & Knight LLP

Unreliable Expert Collapses DOJ-Led False Claims Act Case

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False Claims Act cases often turn into battles of the experts. But only rarely does that battle turn into a rout. It did last week in a case out of the Eastern District of Virginia, United States ex rel. Ribik v. HCR...more

Carlton Fields

Does Your Expert Challenge Quack Like an Untimely Daubert Motion?

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In Frigaliment Importing Co. v. BNS Int’l Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960), Judge Friendly famously asked “What is chicken?” A case decided last year raises the question, “What is a Daubert motion?”...more

Carlton Fields

Avoiding Trouble Following In Limine Rulings

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Trials often are preceded or interrupted by hearings on motions in limine, where parties attempt to limit the evidence or arguments that their opponents can utilize in the trial. These hearings are often fast-paced, with...more

Haight Brown & Bonesteel LLP

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

Carlton Fields

Forgetting Rule 403

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A recent case out of Montana, Peterson-Tuell v. First Student Transp., LLC, 339 P.3d 16 (Mont. Nov. 15, 2014), highlights the import of a Rule 403 challenge and of making your challenges and objections as comprehensive and...more

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