News & Analysis as of

Negligence Expert Testimony

J.S. Held

Explaining Standard of Care in Construction Disputes

J.S. Held on

Setting the Stage for Construction Litigation Support - The scale and complexity of construction projects often lead to a different outcome than expected, creating a dispute between the parties. Many construction disputes...more

TNG Consulting

Expert Witnesses Admitted in Title IX Jury Trials (Updated)

TNG Consulting on

Fifteen years ago, I received what seemed like an odd request: would I be willing to serve as an expert witness in federal Title IX litigation? My perception had always been that most Title IX litigation focused on questions...more

Maison Law

The Role of Expert Witnesses in Car Accident Litigation

Maison Law on

Auto accidents can upend the lives of motorists and their families in the blink of an eye, often through the carelessness and negligence of others. Seeking legal restitution is an important step in putting the pieces back...more

Husch Blackwell LLP

Another Bite at the Apple: Court Tosses Defense Verdict in Infant Formula Litigation

Husch Blackwell LLP on

In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop...more

Mandelbaum Barrett PC

Can a Pedestrian Ever Be Held Liable in a Pedestrian Accident Case?

Mandelbaum Barrett PC on

When an accident involves a pedestrian, it’s easy to assume the driver or other party caused the crash and resulting injuries. However, that’s not always the case. A pedestrian may be responsible for an accident if they fail...more

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

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The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

Husch Blackwell LLP on

The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Marshall Dennehey

Legal Roundup – Pennsylvania

Marshall Dennehey on

Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty - Kunkel v. Abington Memorial Hospital, 2024 PA Super 298 (Pa. Super. Ct. Dec. 13, 2024) - The Superior Court of Pennsylvania...more

Greenbaum, Rowe, Smith & Davis LLP

A New Standard of Care for Medical Liability?

A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more

Foley Hoag LLP

Product Liability Update - February 2025

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Adler Pollock & Sheehan P.C.

Rhode Island’s First Asbestos Verdict in Nearly 40 Years

For the first time in nearly 40 years, an asbestos case was tried to verdict in Rhode Island. This case, The Estate of Bonnie Bonito, resulted in a full defense verdict!...more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

Goldberg Segalla on

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more

White and Williams LLP

No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony Inadmissible

White and Williams LLP on

The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her young infant, C.W., suffered severe burns from a bathtub in their rental property. The plaintiff alleged that the landlord, Marilyn L. Dennison...more

Rodemer Kane Attorneys at Law

Why Your Car Accident Settlement Could Be Delayed

Car accidents are a distressing experience, one that you typically want to put behind you as soon as possible. Trying to settle your claim quickly to cover medical bills, vehicle repairs, and other expenses often feels...more

Husch Blackwell LLP

Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

Husch Blackwell LLP on

In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more

EDRM - Electronic Discovery Reference Model

AI Hallucinations in Court: A Wake-Up Call for the Legal Profession

Despite clear judicial warnings and sanctions, legal professionals continue to submit AI-generated court documents with fabricated content. This disturbing trend, exemplified by cases like Mata v. Avianca, threatens the...more

Goldberg Segalla

California Jury Finds for Asbestos Defendant in Friction Products Case

Goldberg Segalla on

Court: California Superior Court, Los Angeles County- In this asbestos action, plaintiffs Leon Solis Jr., Laura Rangel, Crystal Solis and Leon Solis filed suit claiming negligence against several defendants, including Brake...more

Goldberg Segalla

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict...more

Marshall Dennehey

You Can’t Get Two Bites at the Apple – Or, Oh What a Tangled Web We Weave

Marshall Dennehey on

Key Points:  Judicial estoppel only requires that the party “successfully obtained a benefit by assertion of the position that she now seeks to dispute.”  Expert testimony and closing arguments are sufficient for the...more

Marshall Dennehey

Experts in Defense: Delaware Superior Court Agrees that Expert Witnesses Must Opine Beyond Mere Speculation to Meet Basic...

Marshall Dennehey on

Key Points:  Expert medical testimony must be offered unequivocally to support causation in medical negligence cases....more

Hinshaw & Culbertson - Lawyers for the...

Lack of Expert Testimony Results in $1.4 Million Legal Malpractice Verdict Being Overturned

Chamblee Ryan, P.C. v. JBS Carrier, Inc., No. 12-23-00125-CV (Tex. App. — Tyler June 12, 2024) - Brief Summary - Plaintiff, JBS Carriers, Inc. (“JBS”), sued Chamblee Ryan, P.C. (the “defendant”) for legal malpractice related...more

Marshall Dennehey

Neurosurgeon’s Expert Opinions in Trial Against a Certified Registered Nurse Anesthetist Were Admissible as Plaintiff Opened the...

Marshall Dennehey on

Waechter v. Laser Spine Institute, LLC, 8th Dist. Cuyahoga No. 112022, 2023-Ohio-3715 - The plaintiff brought an action against a certified registered nurse  anesthetist (CRNA), alleging she was negligent in hyperextending...more

Goulston & Storrs PC

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

Goulston & Storrs PC on

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

Bricker Graydon LLP

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

Bricker Graydon LLP on

To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

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