News & Analysis as of

Expert Witness Expert Testimony

Aglets, Who Knew?

SneakRTech Corp. wants you to defend their patent and challenge BadGuys, Incorporated’s patent at the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB). The subject matter: aglets....more

Defence & Indemnity - October 2017: IV. PRACTICE ISSUES B.

by Field Law on

IV. PRACTICE ISSUES - B. The trial judge was held to have erred in allowing an expert witness, who the judge had reservations about, to testify when said expert was clearly not independent. Judges have a role as gatekeeper...more

Guest Post – Accutane Amici Say: Relax Somewhere Else – Expert Testimony in New Jersey Should Be Held to a Higher Standard

by Reed Smith on

The Accutane litigation in New Jersey has been covered closely by this Blog for its duration. The Blog’s most recent Accutane post evaluated the Appellate Division’s decision to reverse the trial court’s order excluding...more

Is the Frye Standard Making a Comeback in Florida?

On July 11, 2017, the Florida Supreme Court accepted jurisdiction of a case in which it is expected to finally decide, conclusively, whether Florida courts are to apply the Frye or Daubert standard to determine admissibility...more

Texas Supreme Court Clarifies When an Expert Opinion is Conclusory

by Strasburger & Price, LLP on

Conclusory opinions, especially by experts, constitute no evidence. Two recent opinions from the Texas Supreme Court explain when an expert opinion is conclusory....more

Ind. Upholds Reduction of Obese Decedent’s Life Expectancy

by Faegre Baker Daniels on

Actuarial tables put the life expectancy of a 31-year-old male at 46.5 more years. But when Christopher McDaniel died at 31, allegedly as a result of medical negligence, the court calculated his life expectancy at no more...more

Court Grants Lesser Sanctions Against Defendant for Various Discovery Issues: eDiscovery Case Law

by CloudNine on

In New Mexico Oncology v. Presbyterian Healthcare Servs. No. 1:12-cv-00526 MV/GBW (D.N.M. Aug. 16, 2017), New Mexico Magistrate Judge Gregory B. Wormuth, detailing numerous defendant discovery deficiencies alleged by the...more

N.D. Florida Permits (Some) Discovery of Expert Who Changed from Consulting to Testifying Expert

by Reed Smith on

Discovery regarding expert witnesses can be tricky. In our neck of the woods, the great Commonwealth of Pennsylvania, state courts almost never permit depositions of experts. If you want to ask the expert questions – and...more

Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

by Polsinelli on

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the...more

Fifth DCA Reaffirms Protections Against Surprise Tactics at Trial

by Rumberger Kirk & Caldwell on

This past January, Florida’s Fifth District Court of Appeal found that a trial court had committed reversible error by allowing a party to argue and present previously undisclosed expert testimony and evidence to the jury at...more

February 2017: The Court That Created Frye Moves to Rule 702/Daubert Standard

In the twenty-three years since the Supreme Court issued its seminal opinion on the admissibility of expert witness testimony, Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), approximately 40 states have embraced...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Florida Supreme Court Rejects More Rigorous Expert Testimony Standard

by Holland & Knight LLP on

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to qualifying expert witnesses under the rules of evidence. In 2013, the Florida Legislature...more

Supreme Court speaks on Daubert – says not much

Last week the supreme court issued its opinion on the recommendations of the Florida Bar Rules committee regarding the new Daubert statute. The supreme court noted there are “grave concerns” that (unidentified) elements of...more

Daubert Under the Microscope Again by Florida Courts

by Rumberger Kirk & Caldwell on

In a ruling that raises new issues about the adoption of the Daubert standard for the admissibility of expert opinions in Florida state court, the Florida Supreme Court has declined to adopt, to the extent they are...more

Wisconsin Supreme Court Addresses Expert Testimony Under Daubert

by Foley & Lardner LLP on

Six years after the Wisconsin legislature amended Wis. Stat. § 907.02(1) to adopt the federal Daubert standard for admission of expert testimony, the Wisconsin Supreme Court applied the standard for the first time in a civil...more

Expert Witness Testimony: Often the Critical Component for a Successful Case

by PilieroMazza PLLC on

If your company is facing litigation, especially in high-stakes cases, one of the first questions you and your counsel should address is whether the testimony of an expert witness might be helpful, or even essential, to your...more

Reclast Plaintiff Experts Hobbled by Daubert

by Reed Smith on

We have long suspected that the reason some judges are hostile to Daubert is because application of the doctrine involves so much work. Rather than merely count whether there are enough other experts out there who seem to be...more

Attorney-Client Privilege Held Not to Apply to Nonreporting Employee/Expert

by Reed Smith on

Many years ago, we represented a client in a quandary. (We know, we know: that’s pretty much always the case.) The product had been sold for many decades, the early history was important in marshalling a defense, and there...more

Expert Who Admitted That He Was Unqualified and That His Opinions Lacked Methodology Not Allowed to Testify in Zoloft Litigation.

by Reed Smith on

Last week, the Drug and Device Law Lifelong BFF asked us if we were interested in a quick trip to New York to use tickets for an early morning taping of “Live with Kelly.” Sure, we said – sounds like fun. And so, after...more

Does Your Expert Challenge Quack Like an Untimely Daubert Motion?

by Carlton Fields on

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

If Your Expert Doesn’t Know the Product he is Testifying on, You’re Gonna Have a Bad Time

by Field Law on

Most will remember the case McDougall v. Black & Decker Canada Inc. as being the leading Alberta case on the issue of spoliation. A fire occurred which burned down the Plaintiffs' house. The Fire Department who initially...more

Defence & Indemnity - April 2016: III. QUANTUM/DAMAGES ISSUES: B.

by Field Law on

The Court overtly accepted the Plaintiff’s expert testimony and criticized well-known defence experts with regard to whether the Plaintiff’s injuries were minor and whether fibromyalgia can be caused by trauma Jones v....more

Florida Appellate Court Applies State Daubert Test Retroactively to Exclude Expert and Dismiss Case

by Reed Smith on

In his poem “To Summer,” Blake begs the season to “curb thy fierce steeds, allay the heat/That flames from their large nostrils!” That is typical Blake; he takes our favorite time of the year and turns it into a satanic...more

No “Last Resort” Striking of Undisclosed Expert Opinion

by Orrick - IP Landscape on

Order Granting-in-Part Motion to Strike Declaration of Miguel Gomez, VIA Techs., Inc. et al. v. ASUS Computer Int’l, et al., Case No. 14-cv-03586 (Magistrate Judge Paul Grewal) - In a recent order in VIA Techs., Inc. v....more

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