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Genuine Issue of Material Fact Expert Testimony Summary Judgment

Knobbe Martens

Unsupported Expert Testimony Cannot Create a Genuine Issue of Material Fact

Knobbe Martens on

MIRROR WORLDS TECHS., LLC v. META PLATFORMS, INC. - Before Prost, Taranto, and Stark. Appeal from the United States District Court for the Southern District of New York. Summary: Expert testimony that is conclusory,...more

Hinshaw & Culbertson - Lawyers for the...

Eleventh Circuit Finds Attorneys Owed No Duty to be Clairvoyant on Unsettled Law

On October 7, 2021, the United States Court of Appeals for the Eleventh Circuit affirmed summary judgment in favor of defendant law firm. The court held the attorneys owed no duty to advise the client to cease an activity...more

Haight Brown & Bonesteel LLP

Plaintiff’s Expert Physician Deemed Not Competent to Testify as to the Standard of Care Applicable to Hospitals

In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more

Brooks Pierce

Don't Rely On Your Expert's Speculation To Save You From Summary Judgment

Brooks Pierce on

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker. He rejected the evidentiary value of an expert's report stating that...more

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