News & Analysis as of

Expert Witness

April 2018: Construction Litigation Update

Expert Evidence in Construction Arbitrations: Some Key Pointers. Construction projects involve a wide range of technical trades and expertise. Disputes arising from construction projects, which are increasingly decided in the...more

RKC Attorneys Win Defense Verdict For Louisville Ladder

by Rumberger Kirk & Caldwell on

Jury returns defense verdict in 18 minutes! Scott M. Sarason and Jens C. Ruiz of Rumberger, Kirk & Caldwell won a defense verdict on behalf of Louisville Ladder, Inc. on April 24, 2018, in a product liability case in the...more

Patent Owners Should Use Experts to Attack Motivation to Combine at POPR Stage

On Friday, March 9, 2018, more than 50 participants at Sterne Kessler’s inaugural Global IP Strategy Conference discussed the PTAB’s reliance on expert declarations at the institution phase. The Board is relying on these...more

DC Circuit Dismisses PCAOB Proceeding For Constitutional Error

by Dorsey & Whitney LLP on

The PCAOB excluded from a witness interview an expert accountant assisting counsel for the witness. The Board cited a rule which authorizes it to limit those in attendance at an interview....more

Maryland Continues “Drift” Toward Daubert

by Miles & Stockbridge P.C. on

Is Maryland drifting toward Daubert? The Court of Special Appeals of Maryland seemed to confirm (or re-confirm) this as recently as in Sissoko v. State. ...more

Florida Supreme Court Hears Argument On Daubert Standard

by Rumberger Kirk & Caldwell on

On March 6, 2018, the Supreme Court of Florida heard argument in a case that presents the Court with an opportunity to resolve whether Frye or Daubert will be the governing standard for admission of expert testimony going...more

Health Care Newsletter - March 2018

by Hinshaw & Culbertson LLP on

Competency of an Expert Witness and Rule 219(e) Questioned by Illinois Court of Appeals in Medical Malpractice Decision - Freeman v. Crays, 2018 IL App (2d) 170169 provides guidance for defending medical malpractice cases...more

Tincher Returns to Blow Away Some of Its Own Smoke

by Wilson Elser on

In Tincher v. Omega Flex, Inc., 104 A. 2d 328 (Pa. 2014), the Pennsylvania Supreme Court cast aside more than 35 years of precedent when it reformulated the standards determining the circumstances under which a product is...more

Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal

by Smart & Biggar on

On February 8, 2018, the Federal Court of Appeal issued public reasons for its decision dismissing Teva’s appeal relating to the damages and costs awarded against it for its infringement of Janssen’s patent for levofloxacin...more

Exclusion of Evidence at the PTAB - Does it ever happen?

Experienced PTAB practitioners know that the Board rarely grants motions to exclude evidence in Post Grant proceedings. In this article, we look beyond the grim anecdotes and provide some statistics, as well as the Board’s...more

Second Circuit Upholds Ruling in Munn v. Hotchkiss

by Shipman & Goodwin LLP on

On February 6, 2018, the Second Circuit dismissed the remaining appellate claims in Munn v. Hotchkiss School, the case involving a private school student who contracted tick-borne encephalitis on a school-sponsored trip to...more

EDNY Lays Out Disclosure/Report Requirements for Nonretained Treating Doctor Experts

by Reed Smith on

When a drug or device case goes to trial, who is the most important witness? Let’s straightaway eliminate the plaintiff as a possible answer to that question. Based on what we’ve heard from jurors (both real and mock), when...more

CFPB Issues a Request for Information Regarding Administrative Adjudications

by Weiner Brodsky Kider PC on

The CFPB has issued a Request for Information, seeking comments from the public regarding how it might better improve its administrative adjudication processes, including the Rules of Practice for Adjudication Proceedings...more

Significant New York Drug and Device 2017 Product Liability Decisions

by Harris Beach PLLC on

To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more

Episode 015: Confessions of a Business Appraiser: A Conversation with Chris Mercer

by Farrell Fritz, P.C. on

In this episode of the Business Divorce Roundtable, Chris Mercer, one of the country’s leading business appraisers as well as a prolific author and frequent lecturer, shares what he calls “Confessions of a Reluctant Expert...more

Elbit Systems Of America, LLC v. Thales Visionix, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be...more

Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology

by Wilson Elser on

In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent’s expert and set up a successful Daubert challenge, we will look at Daubert’s insistence...more

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

by Rumberger Kirk & Caldwell on

January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

Expert Opinions in the Age of the Internet of Things: “You’re Gonna Need a Bigger Boat”

by Wilson Elser on

In my September 2016 blog post, The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations, I forecast that “dumb products made smart by connecting to the internet will present a new layer of...more

Dante’s Guide: Preparing the Grand Jury Witness

...The grand jury witness finds himself or herself in a position not unlike that of the Italian poet at the beginning of his trek through the Divine Comedy. The federal grand jury is one of the most powerful, secret and...more

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

by Rumberger Kirk & Caldwell on

The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

Dispute Over Scope of Preservation Obligation Leads to Partial Sanctions For Now: eDiscovery Case Law

by CloudNine on

In E.E.O.C. v. GMRI, Inc., No. 15-20561-CIV-LENARD/GOODMAN (S.D. Fla. Nov. 1, 2017), Florida Magistrate Judge Jonathan Goodman, in a very lengthy and detailed order, denied in part and granted in part the plaintiff’s motion...more

A “House of Cards”: DOJ Drops Out of ManorCare FCA Case After Judge Excludes Expert Witness

by Arnall Golden Gregory LLP on

The Department of Justice (DOJ) filed a motion on November 17, 2017 to voluntarily dismiss its False Claims Act (FCA) case against HCR ManorCare, Inc. (ManorCare). Despite a years-long investigation, coupled with nearly three...more

SEC Awards Over $16 Million to Two Whistleblowers

On November 30, 2017, the SEC Office of the Whistleblower issued a bounty award of more than $16 million to two tipsters; each received an award of more than $8 million. The SEC denied awards to five other claimants....more

DOJ Bows Out of ManorCare FCA Case

by Bass, Berry & Sims PLC on

After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare, the nation’s second-largest operator of skilled nursing homes and assisted...more

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