In the 11th Circuit, a per curiam decision from a panel of circuit judges found that in the absence of any evidence from which the jury could have eliminated other equally probable causes of the plaintiff’s injuries, the district court correctly determined that she wasn’t entitled to rely on the doctrine of res ipsa loquitur … Continued
Plaintiff appealed from the trial court’s grant of summary judgment for his landlord, and dismissal with prejudice of his complaint alleging negligence in failing to clear ice on a sidewalk on which Plaintiff slipped and fell at the apartment complex. Judges Francis J. Vernoia and Scott J. Moynihan wrote in their per curiam opinion that Plaintiff alleged that he slipped and fell on an icy walkway in the apartment complex on January 18, 2015 at approximately 1:00 p.m. and … Continued
A plaintiff in a Connecticut negligence action appealed from the judgment of the trial court, claiming that the court abused its discretion when it didn’t allow her expert witness to testify as an expert in snow removal. This was in connection with injuries she sustained when she slipped and fell on a patch of snow … Continued
On April 19, 2019, a Los Angeles Superior Court jury awarded $4,397,716 to a family after finding an American multinational conglomerate company 40% liable for the death of a family member due to mesothelioma. This family member co-owned bowling ally in Los Angeles from 1957 to 1986. He died in 2013 after years of drilling out finger holes in asbestos … Continued
The League of Women Voters of Michigan (“League”), its members, and several Democratic voters brought suit against the Michigan Secretary of State, alleging that the state’s current legislative apportionment plan (the “Enacted Plan”), violated the Plaintiffs’ Fourteenth Amendment equal protection rights and First Amendment free speech by deliberately discriminating against Democratic voters. Plaintiffs initially sought … Continued
How does a product safety expert witness enhance your case? In the event of an injury, product safety experts analyze and provide testimony to the court on whether product design and/or manufacturing are at fault or whether injury was caused by misuse of the product. Product safety applies to virtually every product made for business … Continued
An expert’s testimony was in dispute in a case concerning a logistics company that specialized in the export of forest products. It operated from the Inland Port of Virginia (VIP). Leading up to its creation, Plaintiff‘s founders conducted research about transportation inefficiencies in the forest products market. Specifically, they found that the industry’s reliance on … Continued
The Eighth District Court of Appeals for the State of Ohio has upheld a $30M judgment to the bus passenger against the transportation line. The Plaintiff was one of 43 passengers injured in a 2013 crash on a Pennsylvania highway. A fellow passenger died in the crash when the bus driver fell asleep at the wheel. Plaintiff … Continued
By Expert No. 505517, LPCS, RPA In conducting a legal fee audit, the framework of the analysis considers three basic standards: the rules of professional services provided by the California Bar, the retainer agreement and applicable court standards. Those three standards reflect a balance between the interests of the attorney’s client and the economic interests … Continued
What is the function of an expert witness in litigation? The court system, as well as plaintiffs and defendants, rely on an expert witness’s specialized knowledge to analyze the facts of a case and offer an unbiased opinion. In gender discrimination litigation, expert witnesses educate the jury on matters of employee discrimination, employee relations, employee … Continued
In a 2018 case, a defendant moved to exclude the expert testimony of a police procedures expert based on a police report. U.S. District Judge Kimberly J. Mueller wrote in her opinion that under Rule 703, an expert may base an opinion on facts or data, regardless of admissibility, that are reasonably relied upon by … Continued
On March 25, 2019, two pharmaceutical companies entered into a $775M settlement in 25,000 lawsuits alleging patients were not adequately warned about the risks of a blood thinner product. This product is a medicine used to prevent and treat blood clots in legs or lungs and to prevent strokes in people with irregular heartbeats. Rxlist.com describes the medication and its side … Continued
After a three-day trial, a jury determined that in terminating Plaintiff’s employment, the defendant employer discriminated against her because of a disability. Further, Defendant interfered with her right to take family medical leave. The jury declined to award Plaintiff damages on the discrimination claim, but awarded her $15,000 in back pay on her family medical … Continued
Introduction: In June of 2018, a trial was held in which the U.S. Department of Justice (DOJ) sued to block the acquisition of a news and entertainment company by a telecommunications entity. See, e.g., Dee Bansal et al., “Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come,” JDSupra, Jan. 10, 2019, … Continued
Introduction: In mid-March, federal prosecutors revealed that they had uncovered evidence of a massive collegiate cheating scandal, which involved some fifty people “cheating on standardized tests or bribing college coaches and school officials to accept students as college athletes — even if the student had never played that sport.” Holly Yan, “What we know so … Continued
Introduction: In late January, an Ohio federal court addressed a motion to compel additional information about a testifying expert witness to be disclosed. See Acosta v. Wilmington Tr.,N.A., Case No. 1:17-CV-1755. (N.D. Ohio 2019). The court was asked to require the expert to reveal specific information pertaining to prior work he had undertaken. See id. … Continued
In a patent infringement suit, the defendant asked the judge to compel the production of all documents that it subpoenaed from the plaintiff’s damages expert witness, and that such production be made at least four days prior to submission of Defendant‘s rebuttal damages report. Defendant also sought an order that the expert appear for two … Continued
Last fall, in a lawsuit concerning a land-sale transaction, Defendants disclosed two witnesses whom they claimed would provide “hybrid” expert testimony. The defense witness at issue was the founder and managing partner of a law firm (“Partner”). Plaintiff sought to exclude him as a “Hybrid” liability expert. Plaintiff argued that he wasn’t a true “hybrid” … Continued
A magistrate in the Southern District of Florida heard two motions arising from a slip-and-fall incident onboard a cruise ship and used his wit to dispose of them. In January 2017, Plaintiff entered his cabin’s bathroom, steeped in water that allegedly was present on the tile floor due to a leaking pipe, and slipped. He … Continued
What is the role of an economics expert witness? These professionals are experienced in business valuation, damage calculation, profit and loss, lost earnings, and other aspects of business finance. In the realm of intellectual property patents, it is often difficult to assign a monetary value to assets. In patent infringement conflict, the determination and evaluation … Continued
Introduction: Biometric privacy litigation has seen an uptick in recent years, and the media has often focused on Illinois because of a distinctive state law. See, e.g., Illinois Bar Journal (IBJ), “Illinois’ biometric privacy law back in the news,” Dec. 2017, Vol. 105, No. 12, p. 13. A February 2019 Illinois Supreme Court decision may … Continued
Introduction: In 2017, the Fourth Circuit heard an appeal from a trial that involved a challenge to expert witness evidence. See Bresler v. Wilmington Trust Co., 855 F.3d 178 (4th Cir. 2017). The defendant-appellant argued that the district judge “erred in admitting testimony from the plaintiffs’ expert witness,” and “the jury verdict… and…additional terms of … Continued
A helicopter manufacturer appealed a jury verdict in a products-liability action awarding the plaintiffs $21M in damages. The case stems from a 2013 air ambulance crash in Kentucky that claimed the lives of a three-person flight crew, including the pilot, the flight nurse, and the flight medic. The helicopter sustained a catastrophic series of events … Continued
The Texas Supreme Court recently heard a mandamus petition concerning expert testimony and attorney-client privilege. The City purchased a commercial windstorm policy from the client insurance company. In the underlying litigation, the City alleged that the client hadn’t paid all it owed under the policy for property damage caused by Hurricane Ike. The dispute here … Continued
An automobile company recalled nearly 1.5M trucks that could downshift without warning and cause owners to crash. The February 13, 2019, announcement includes 2011-13 vehicleswith 6-speed automatic transmission. The automobile company states that one of their vehicles could experience a problem when sending a signal from the transmission speed sensor. MotorTrend.com describes the problem: The automobile company is … Continued
Plaintiff appealed from summary judgment in favor of Defendants in her personal injury case. The motion judge found that Plaintiff failed to demonstrate a permanent condition satisfying the requirements of the verbal threshold statute in New Jersey or a causal relationship between that condition and the accident that was the subject of suit. Plaintiff was … Continued
Introduction: Typically, the automotive industry has seen fairly little patent litigation, in stark contrast to other areas, such as the pharma and consumer electronics fields. See Michael Summersgill & Arthur Coviello, “3 Trends That Could Lead To More Patent Auto Litigation,” JDSupra, Dec. 26, 2018, at https://www.jdsupra.com/legalnews/3-trends-that-could-lead-to-more-auto-48832/ (last visited Feb. 12, 2019). Some attorneys have speculated that … Continued
Introduction: In January, a federal district court heard a motion to exclude an expert witness in a case involving a family business dispute. See Patel v. Patel, Case No. CIV-17-881-D (W.D. Okla. Jan. 4, 2019). Of prime significance was the court’s role in addressing expert testimony and the reliability standard that applies under Federal Rule … Continued
Introduction: The qualifications of witnesses designated as experts are often in question, and in federal court, the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Evidence (FRE) address these requirements. See, e.g., Kelley v. Smitty’s Supply, Inc., Civil Action No. 17-4711§S(3), (E.D. La. 2019). When the expert is an attorney, there may be an … Continued
Introduction: In the last few years, a number of torts, particularly in the product liability field, have arisen as consolidated cases with multiple plaintiffs as parties to one lawsuit See, e.g., Andrew D. Kaplan, “Crowell & Moring’s Litigation Forecast 2019,” Crowell & Moring, Jan. 9, 2019, at https://www.crowell.com/NewsEvents/Litigation-Forecast/2019/Articles/Torts-Watching-the-Growing-Multi-Plaintiff-Challenge (last visited Feb. 6, 2019). A great … Continued
When should you confer with a product liability expert witness? Product failure may be due to a mechanical breakdown, design defect, improper maintenance or other factors. It is often necessary to consult with an experienced product liability expert to determine how an accident occurred and who or what was at fault. On February 7, 2019, … Continued
A defendant recently sought to strike an insurance consumer survey report, along with an insurance expert’s testimony. The plaintiff designated the expert to serve as its expert witness to opine on the issue of confusion in the public with respect to the parties’ respective marks. Defendant’s primary argument was that the expert failed to comply … Continued
A Ninth Circuit panel vacated in part a district court’s judgment after a jury trial in favor of the defendants and remanded for a new trial in a copyright infringement suit alleging that Led Zeppelin copied “Stairway to Heaven” from the song “Taurus,” written by Spirit band member Randy Wolfe. The jury found that plaintiff … Continued
A judge in the Southern District of Florida was asked to hear a plaintiff’s motion in limine to exclude the opinion testimony of Defendant’s construction costs expert in a breach of contract case. This case involved work Plaintiff performed at an apartment complex under two subcontracts with Defendant (“Projects”). Defendant entered into the contracts with Plaintiff … Continued
Introduction: The Federal Rules of Civil Procedure (FRCP) require that when attorneys plan to rely on expert witness testimony, they disclose and designate their witnesses in a timely manner. See, e.g., FRCP 26(a)(2)(D)(i); See Sirois v. USAA, Case No. 3:16-cv-1172 (MPS), (D. Conn. 2019). In a recent lawsuit, a Connecticut district court discussed the test … Continued
The City of Los Angeles has sued to stop the operator of The Weather Channel’s mobile phone application from allegedly profiting from customer location data. On behalf of California residents, L.A. City Attorney Mike Feuer has charged TWC with unfair business practices including unfair competition and violation of privacy. The complaint alleges that TWC uses … Continued
A property owner appealed the district court’s summary judgments in favor of defendants dismissing its claims that arose from an alleged discharge of sewage contamination. A pond on Plaintiff’s property received runoff from a drainage ditch located on Defendants’ adjacent apartments in Baton Rouge, Louisiana. Plaintiff saw that the pond was bright green and cloudy, … Continued
Plaintiffs have filed more than forty lawsuits against a tire manufacturer accusing the company of selling defective tires. The tire manufacturer has facilities worldwide and annual sales of more than $15B. The lawsuits are a result of the manufacturer’s tires that burst on the highway. The tires were marketed to recreational motorhome manufacturers even though … Continued
Introduction: On December 29, 2018, an Apache woman who had been declared comatose for over a decade gave birth. See, e.g., Amanda Sakuma, “A woman in a vegetative state suddenly gave birth. Her alleged assault is a #MeToo wake-up call.,” Vox, Jan. 7, 2019, at https://www.vox.com/2019/1/7/18171012/arizona-woman-birth-coma-sexual-assault-metoo (last visited Jan. 21, 2019). The woman was in … Continued
The Federal Trade Commission v. Qualcomm Incorporated bench trial will begin January 14, 2019, in the U.S. District Court for the Northern District of California with Judge Lucy H. Koh presiding. Qualcomm is a multinational semiconductor and telecommunications equipment company that designs and markets wireless telecommunications products and services. It derives most of its revenue from chip making and the bulk of … Continued
Introduction: In recent years, wildfires ravaged much of California and damaged or destroyed thousands of buildings. See, e.g., James P. Koelzer, “Rebuilding from California wildfires will cause increase in construction-defect claims,” Lexology, Dec. 21, 2018, at https://www.lexology.com/library/detail.aspx?g=09ac5e97-1bba-478a-81c5-698482734950 (last visited Jan. 13, 2019). Part I of this series focused on a shareholder lawsuit regarding a decrease … Continued
Introduction: On January 11, a Utah federal district court considered several motions in limine pertaining to the admissibility of expert witness testimony. See Memorandum Decision and Order and Second Amended Scheduling Order (“Memorandum”), Dutcher v. Bold Films LP, Case No. 2:15-cv-110-DB, (D. Utah, Jan. 11, 2019). The judge was faced with motions by both parties … Continued
Introduction: Last October, the federal court for the Southern District of California considered a request to modify a scheduling order that concerned expert witnesses. See Order Granting in Part and Denying in Part Plaintiff’s Ex Parte Application to Modify the Scheduling Order and Issuing the Amended Scheduling Order (“Order”), Andreoli v. Youngevity, Int’l., Inc., Case … Continued
Amarin Pharma, Inc. sued Coromega Health Inc. for unfair competition and false advertising in the U.S.District Court, Southern District of California. Case 3:18-cv-02481-CAB-MSB was filed October 29, 2018, and centers around allegations of Coromega falsely advertising its fish oil supplement products as equivalent to Amarin Pharma Inc.’s prescription drug Vascepa. On November 10, 2018, Amarin … Continued
Introduction: In July of 2018, California firefighters battled a wildfire in the northern part of the state that was so severe it was declared to be half the size of Rhode Island by late August. See Aimee Pichi, “Verizon throttled firefighters’ ‘unlimited’ data during California fires, the lawsuit claims,” CBS News, Aug. 22, 2018, at … Continued
In a maritime negligence action, a plaintiff passenger appealed the district court’s order striking her expert witnesses. Plaintiff was a passenger on a cruise ship. While aboard, she went to an upper deck to get some ice cream. There was a video camera that captured the incident that gave rise to the suit. As Plaintiff … Continued
How does an expert witness enhance your case? Experts help the jury determine the facts of a case, particularly in complex litigation such as lawsuits involving the value of intangible property. While a tangible asset has a physical form, an intangible asset lacks physical substance and is usually very hard to evaluate. Examples of intangible assets include patents, copyrights, franchises, … Continued
Introduction: The 2018 wildfire season in California has been considered the deadliest by various government agencies, and the damage it caused was tremendous. See, e.g., California Department of Forestry and Fire Protection, (CAL FIRE) “2018 Statewide Incidents Map,” at http://cdfdata.fire.ca.gov/incidents/incidents_stats (last visited Jan. 3, 2019). In November of alone, about 1,500 structures were destroyed or … Continued
Defendants appealed the trial court’s decision for Plaintiffs awarding them damages after Defendant destroyed 31 trees on Plaintiff’s property. Defendant argued that the maintenance of a lime pile uphill from Plaintiff’s property line and trees wasn’t the direct cause of the destruction of the trees and that the trial court abused its discretion by admitting … Continued
United States District Judge Joseph R. Goodwin was asked to decide Plaintiff’s Motion to Exclude or Otherwise Limit the Opinions and Testimony of the Defense’s Expert in Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse (“POP”) and stress urinary incontinence (“SUI”). In the seven MDLs, there are more than … Continued
Introduction: Until recently, the United States did not recognize cannabis or products derived from it as being relevant to the medical field. See, e.g., Jan Wolfe, “ANALYSIS—Patents on pot? US lawsuit puts cannabis claims to the test,” CNBC, Nov. 29. 2018, at https://www.cnbc.com/2018/11/29/reuters-america-analysis-patents-on-pot-us-lawsuit-puts-cannabis-claims-to-the-test.html (last visited Dec. 6, 2018). However, marijuana is at least partially legal in many … Continued
A U.S. Magistrate recently denied Plaintiff’s motion to declare documents admissible or re-open discovery for a limited purpose and granted in part Plaintiff’s motion for redesignation of documents and to compel production of documents. Plaintiff objected. In April 2016, Defendants provided their initial disclosures to Plaintiff concerning the computation of damages but had done nothing … Continued
In a recent products liability case, a plaintiff alleged that he was injured when he fell 25 feet from a tree while installing a tree step. Defendants, who manufactured and distributed the tree steps, didn’t dispute that the tree step broke or that there was an inclusion in it. However, they argued that the tree … Continued
A ride-hailing app company has sued four former employees on the company’s corporate intelligence team accusing them of improperly taking confidential records when they left the company. The company alleges that the defendants held onto company hard drives and laptops. Former employee Richard Jacobs argues that the former company team stole trade secrets. In Uber Technologies Inc. … Continued
Glenn Richardson sued MGM Resorts International for $35M in a negligence lawsuit following his injuries at the Mandalay Bay Resort and Casino in 2015. Richardson turned down the $2.5M settlement offer from MGM before the case went to trial. At trial, plaintiff’s attorney Adam Breeden argued that Richardson suffered a traumatic brain injury which impacted … Continued
Introduction: A new breed of litigation is cropping up of late involving motorized scooters. See, e.g.Kirk Mitchell, “Scooter companies Bird, Lime among defendants in class action lawsuit filed in California,” The Denver Post, Oct. 23, 2018. A class action lawsuit was recently filed against two businesses that rent these vehicles. See id.The class action deals … Continued
Do you need an acoustical engineering expert witness for cases involving noise pollution? Noise pollution conflicts arise in environmental, aerospace, residential, and industrial contexts. Because acoustical engineers have expertise in how noise and sound are utilized and controlled, they are a critical aspect in noise pollution litigation. These experts understand the dynamics of sound as well … Continued
The Iowa Court of Appeals heard a case on a city’s special assessment of certain property owners for the costs of road and storm sewer improvements made in the city’s industrial-business district. The City specially assessed the property owners abutting the roadway at a rate of $55 per linear foot of property running along the … Continued
During a prolonged surgery, a plaintiff suffered an injury that left him with nerve damage and limited use of his right hand. He files suit against the surgeon, the anesthesiologist, the surgical nurse, and the surgeon’s practice for medical malpractice. Plaintiff underwent a surgical procedure known as a robotic‑assisted laparoscopic prostatectomy (“RALP”) performed by Dr. … Continued
The District Court of Colorado recently heard Plaintiff’s Motion for a New Trial Based on Insufficiency of Evidence Supporting the Verdict after a jury returned a verdict for the Defendants. Defendants own and graze cattle on Parcel 079 (“the parcel”) located near a highway in western Colorado. The parcel was partially fenced by both the … Continued
Introduction: In the age of artificial intelligence (A.I.), photographs and videos have become profuse, and they had achieved a certain level of credibility in litigation for years. In the last twenty years, however, expert witnesses have begun analyzing such data to determine if it has been altered and is therefore not accurate evidence. See, e.g., … Continued
The Florida Supreme Court has refused to recognize a 2013 law that was designed to bring the state’s expert witness standard in line with the majority of jurisdictions, holding that the law overreached into the court domain. The Supreme Court reversed the decision of the Fourth District Court of Appeal in DeLisle v. Crane Co., … Continued
A recent Texas case concerned the removal of a monument to a Confederate soldier from a San Antonio public park. The plaintiffs were a local San Antonio Chapter of the United Daughters of the Confederacy. They sued the City of San Antonio, the Mayor, and the individual City Council members who voted for the removal … Continued
Plaintiffs bred rodeo and ranch horses in New Mexico. The defendant Nutrition Company delivered feed for the horses in December 2016. Shortly thereafter, some of Plaintiffs’ horses fell ill. Two days later, two horses had died. Plaintiffs filed this action against Defendant nearly a year later, claiming that the feed was contaminated with monensin, an … Continued
When should you consult with a product liability expert witness? In the U.S., defective or dangerous products are the cause of thousands of injuries every year. When a product displays an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. Flaws in the way a product is marketed, … Continued
Introduction: In late March of this year, Florida’s governor signed a bill into law that will greatly impact construction defect lawsuits. See, e.g., Spencer Mallard & Miguel J. Chamarro, “Legislature Changes Critical Deadlines In Construction Defect Litigation,” Law.com, May 9, 2018, at https://www.law.com/dailybusinessreview/2018/05/09/legislature-changes-critical-deadlines-in-construction-defect-litigation/?slreturn=20180910140853 (last visited Oct. 12, 2018). As several attorneys claim, the new legislation … Continued
Introduction: Construction of the Mountain Valley Pipeline (MVP), which was intended to deliver natural gas to West Virginia, has become steeped in litigation. See, e.g., Ken Ward Jr. & Kate Mishkin, “Despite ruling, regulators moving to ease path for Mountain Valley pipeline,” Charleston Gazette-Mail, Oct. 4, 2018. A number of parties have brought suit to … Continued
Introduction: In September, Visa and Mastercard reached a large settlement in a case over the fees they charge retailers to conduct credit card transactions. See, e.g., Aparajita Saxena& Brendan Pierson, “Visa, Mastercard reach $6.2 billion settlement over card-swipe fees,” Reuters, Sep. 18, 2018, at https://www.reuters.com/article/us-usa-court-creditcards/visa-mastercard-reach-6-2-billion-settlement-over-card-swipe-fees-idUSKCN1LY1PQ (last visited Oct. 17, 2018). The settlement was the largest antitrust cash … Continued
Yes, they have, and it’s not merely for security purposes. One of the big casinos on the Las Vegas Strip is putting the new technology into operation, according to Alec Massey, a director in PwC’s Connected Solutions practice, who was presenting at the Global Gaming Expo in Las Vegas. Massey didn’t say which casinos are … Continued
The Wisconsin Court of Appeals recently heard a contract dispute involving a sales representative and two manufacturers, in which the appellant sales rep contended that the Appellees owed it approximately $1.2 million in commissions. Appellant claimed that it fulfilled its contractual obligation to assist Appellees in securing a deal to sell an architectural feature for … Continued
The plaintiffs in a recent education case moved to exclude Defendant’s testimony of an unlicensed psychologist as an expert on autism. The School District argued that she was an unlicensed and subject to possible disciplinary action by the California Board of Psychology; therefore, she lacked the credentials to testify as an expert witness. Further, Defendant School … Continued
Court proceedings have begun in the copyright infringement lawsuit PUBG Corporation et al v. NetEase, Inc. et al. The U.S. District Court, California Northern District case 4:18-CV-02010 is assigned to Judge Jeffrey White in Oakland. Headquartered in Korea, PUBG is a privately held company founded in 2009. PUBG alleges that the defendant copied ideas from the … Continued
A health care worker appealed summary judgment for Defendants Mother and Father in her action against them for damages for a permanent and disabling back injury she allegedly sustained while caring for their disabled teenage daughter (CZ) in their home. Plaintiff worked in Defendants’ home for seven weeks as a pediatric home health nurse for … Continued
A health care worker appealed summary judgment for Defendants Mother and Father in her action against them for damages for a permanent and disabling back injury she allegedly sustained while caring for their disabled teenage daughter (CZ) in their home. Plaintiff worked in Defendants’ home for seven weeks as a pediatric home health nurse for … Continued
Introduction: In 1986, California residents voted for Proposition 65, a measure intended to address the risk of exposure to toxic chemicals. See, e.g., California Office of Environmental Health Hazard Assessment (OEHHA), “Proposition 65 in Plain Language,” Feb. 1, 2013, at https://oehha.ca.gov/proposition-65/general-info/proposition-65-plain-language. Proposition 65, which is also known as the state’s Safe Drinking Water and Toxic Enforcement … Continued
The June 14, 2018, Sand Blaster roller coaster derailment sent two people seventeen feet down to the ground and left other riders dangling or stuck on the roller coaster until they were rescued by firefighters. Florida inspectors and independent engineers reported that excessive speed and damage to the track and axle systems were the chief … Continued
The New Jersey Supreme Court recently issued a decision in In re Accutane Litig., to reinstate a trial court’s order to strike the plaintiffs’ causation experts’ testimony as flawed and unreliable. The case has significance because the Court clarified the state’s expert witness admissibility standards to include the factors set out in Daubert. With this … Continued
Introduction: In September of 2017, Makan Delrahim became the top official in the antitrust division of the U.S. Department of Justice (DOJ), and his role as deputy assistant attorney general has generated a great deal of discussion in the antitrust community as to what direction his leadership might take. See, e.g., Dee Bansal, et al., … Continued
A handwriting expert was a crucial witness in an action brought by the personal representative of the estate who sought to set aside a deed purportedly signed by her deceased father. The deed purported to convey property from the decedent to his son, the defendant. The decedent’s daughter, the plaintiff, claimed that the son forged … Continued
Introduction: Katrina, Ike, Maria, Harvey: In the past several years, hurricanes have caused untold damage to entire cities and even geographic regions. The most recent such storm in the United States, Hurricane Florence, is considered extremely dangerous and is heading towards North Carolina and 300 miles of coastal areas. See, e.g., Jason Hanna, et al., … Continued
A plaintiff and the State of Delaware brought suit under the state’s False Claims and Reporting Act, alleging that the defendant gift card services company, its successor-in-interest, and several retailer parties entered into a contractual scheme designed to deprive Delaware of millions of dollars in unclaimed gift card balances to which it was lawfully entitled under … Continued
By: Expert No. 318707, MBA. Just imagine for a moment that you manufacture a product in America that has quickly become a hot selling item. You decide to expand the distribution of your product to China because you know China is a very fast-growing consumer market. But where do you begin? How do you find distributors, retailers, … Continued
An Upshur County, TX, jury awarded $101M to Joshua Patterson as a result of being hit from behind by an FTS International Manufacturing truck. The semi-truck driver, Bill Acker, was found to be under the influence of marijuana and methamphetamines while driving the FTS truck. Acker was also on probation with the trucking company for being involved in … Continued
Introduction: On August 15, a major Bitcoin investor filed a lawsuit for $224 million because his cryptocurrency had been stolen, and he argued that telecommunications giant AT&T was at fault for fraud and gross negligence in connection with the theft. See, e.g., Gertrude Chavez-Dreyfuss, “U.S. investor sues AT&T for $224 million over loss of … Continued
A defendant, an underground power line locator company, brought a motion to exclude a plaintiff’s rebuttal expert in a negligence action where plaintiff alleged that the defendant failed to locate and mark an underground power line. Plaintiff struck the unmarked power line with a shovel and suffered injuries. Defendant argued Plaintiff’s rebuttal expert should have … Continued
Introduction: On August 14, a group of Tinder founders, employees, and executives filed suit against the dating application’s parent and subsidiary companies. See, e.g., Dave Simpson, “Tinder Founders Sue Match For $2B Over Stock Options,” Law360, Aug. 14, 2018, at https://www.law360.com/articles/1073180/tinder-founders-sue-match-for-2b-over-stock-options. The case was brought in New York state court and alleges that two companies, IAC … Continued
Introduction: In 1992, the U.S. Supreme Court held that in order to require a business to levy a particular state’s sales tax on consumers, that business must have a “physical presence” in the state in question. See, e.g., Michael J. Bologna, “State of Wayfair: Tax Groups to Hold Huddle on High Court Ruling(1),” Bloomberg. Jul. 30, … Continued
A crane accident in Mississippi left an operator physically and mentally incapacitated. His wife sued the crane manufacturer under Mississippi’s products liability statute. After a lengthy trial, a jury found that the manufacturer failed to warn crane operators that if the crane tips over, large weights stacked on the rear of the crane can slide … Continued
Introduction: On July 12, a St. Louis jury awarded a group of women and their families almost $4.7 billion in damages in a product liability case. See, e.g., Associated Press, “Nearly $4.7 awarded in Johnson & Johnson baby powder lawsuit,” reprinted in Chicago Tribune, Jul. 13, 2018. The litigation involved allegations that baby powder sold … Continued
Introduction: Lawsuits alleging injuries from data breaches within businesses are increasingly common in the digital age, and 2018 has seen a host of such cases. See, e.g., Joseph Lazzarotti, et al., “California May Lower The Standing Threshold in Data Breach Litigation,” Lexology, Jul. 11, 2018, at https://www.lexology.com/library/detail.aspx?g=2bbb37f5-2c8e-4d01-ae4a-2301c1ca3447 (last visited Aug. 1, 2018). Federal and state … Continued
The National Transportation Safety Board and Coast Guard are investigating the duck boat tragedy that claimed seventeen liveson Table Rock Lake in Missouri. The Ride the Ducks craft capsized and sank in a storm on July 19, 2018. Investigators are looking into what caused the accident, including the weather, life jackets, as well as the mechanics … Continued
Introduction: On July 10, the National Football League Players Association (NFLPA, Players Association) filed a grievance that challenged the League’s (NFL’s) recently-enacted policy of disallowing players from protesting the national anthem in a public manner. See, e.g., John Delcos, “NFL And Players Association Expected to Battle Over Anthem Issue,” Forbes, Jul. 10, 2018. The NFLPA … Continued
New Hampshire’s Supreme Court has upheld a $750K jury award for restaurant patron Brandon Stachulski who got sick after eating a hamburger at an Applebee’s restaurant and contracted salmonella. Stachulski’s complaint described him as incurring permanent gastrointestinal problems. Apple New England, which owns the restaurant, filed an appeal in 2017 saying there was insufficient evidence … Continued
On June 22, 2018, 32 oil tanker train cars from Alberta, Canada, derailed in the northwest corner of Iowa and dumped an estimated 230,000 gallons of crude oil into floodwaters. The train was carrying ConocoPhillips oil to Oklahoma. No one was hurt in the accident. The new and retrofitted oil tanker cars were designed to … Continued
The airport security program CLEAR recently announced a partnership with Major League Baseball and Tickets.com that will allow fans to use biometric ticketing at certain MLB ballparks. Fans who link their CLEAR accounts to their MLB.com accounts can use their fingerprint instead of a paper or mobile ticket at participating major league ballparks. CLEAR plans … Continued
Judge Vince Chhabria recently rendered a ruling on the admissibility of expert witnesses in the products liability cases against Monsanto, the makers of Roundup®, which the plaintiffs claim can cause non-Hodgkin’s lymphoma. The lawsuits allege that glyphosate, the herbicide in Roundup, can cause non-Hodgkin’s lymphoma, and that Monsanto failed to warn consumers or regulators about … Continued
A Florida district court recently heard a motion for extension of time on a plaintiff’s expert disclosure deadline or to allow plaintiff’s expert to supplement his report. After the judge entered the scheduling order, Plaintiff was given an extension for its expert disclosures. Plaintiff disclosed its experts to Defendant and e-mailed a copy of the … Continued
Introduction: On June twenty-seventh, the United States Supreme Court handed down a 5-4 decision that affects the rights of unions and government employees, and its decision was highly controversial. See, e.g., Eli Lehrer & David Rolf, “A conservative and a liberal agree: Unions must change after Supreme Court blow on Janus,” USA Today, Jul. 3, … Continued
Trucking, warehousing, and logistics company California Cartage LLC Company will pay up to $1.9M as a result of wage and hour violations at the company’s Los Angeles storage facility. Warehouse workers filed a lawsuit in 2014 and 2016 alleging that California Cartage violated the state’s minimum wage law, the city’s “living wage” statute and retaliation for … Continued
Chicago U.S. District Judge Matthew Kennelly has ruled that Gatorade did not engage in trademark infringement against SportFuel. SportFuel.com describes the company as “an integrative nutrition consulting firm based in the Chicagoland area.” The company name was registered with the USPTO in 2008. SportFuel sought to stop Gatorade from using the “Sports Fuel” name as … Continued
Introduction: In the digital age, everything from photographs to recipes can be found online, and people regularly download, use, and share web content. Web-based publications, such as blogs and articles often have certain intellectual property (IP) protections under federal law. See, e.g., Dr. Jean Murray, “How to Copyright a Website to Protect It,” The Balance … Continued
Expert witness designations were at the heart of a recent decision in the Eastern District of Texas where a plaintiff filed suit against Defendant Insurance Company for alleged violations of the Texas Insurance Code, Texas Deceptive Trade Practices Act, breach of contract, and breach of the duty of good faith and fair dealing. U.S. District … Continued
Introduction: Biomedical technology has evolved rapidly over the past five years, and during this period, many mechanisms have emerged to edit genetic material. See, e.g., Megan Molteni, “Everything You Need to Know About CRISPR Gene Editing,” Wired, Dec. 5, 2017. CRISPR, a form of gene editing that has been tested and utilized in several nations, … Continued
A cruise line recently brought a motion to strike and preclude the testimony of a plaintiff’s expert witness in a personal injury action in which she sought to recover for physical injuries sustained as a result of an accident onboard the ship. Plaintiff claimed that Defendant was negligent in allowing ping pong balls to collect on … Continued
This case stems from a petition for review of a decision by the Maryland State Board of Dental Examiners. Appellant’s license to practice dentistry was revoked by the Board in 2013 after the State charged him with violating the Dental Practice Act by testing positive for cocaine several times and failing to file required reports … Continued
Introduction: Telecommunications giant AT&T and multimedia entity Time-Warner have contemplated an $85 billion merger for some time, and the deadline for completing the merger was June twenty-first of this year. See, e.g., Marcy Gordon, “AT&T merger with Time-Warner Ok’d by judge,” Chicago Sun-Times, Jun. 12, 2018. The Department of Justice (DOJ) instituted litigation to block … Continued
Introduction: In the first half of this year, countless groups have sought permission to litigate as members of a class action in legal proceedings, from product liability cases to employment discrimination claims. See, e.g., In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered May 24, 2018); See, e.g., Michelle Chen, “The … Continued
KOMO-TV, Helicopters Inc, and the estate of the Seattle’s television station’s late pilot will pay $40M to two men who were injured when a news helicopter plummeted off the station’s rooftop in 2014 and crashed into the plaintiff’s cars. Guillermo Sanchez and Richard Newman alleged that KOMO and Helicopters Inc. ignored safety concerns about landing … Continued
Introduction: Expert witnesses have become indispensable to modern litigators: from providing key testimony in major cases involving mergers and acquisitions to guiding municipal regulators on environmental standards, their presence and specialization may be the key to achieving desired results. Attorneys should be familiar with professional and ethical rules that govern interactions between lawyers and experts. … Continued
Introduction: The potential legalization and regulation of marijuana, whether for medical or recreational purposes, has attracted substantial national attention. Nine states, as well as Washington, D.C., have legalized cannabis for recreational use, and 29 have passed laws that make medical marijuana legal. See id. A 2017 Gallup poll found that 64% of Americans approve of legalization, … Continued
U.S. District Judge David C. Norton recently heard a Plaintiff Insurance Company’s motion to compel Defendant to pay expert witness fees. This action arose out of an insurance coverage dispute between the insurer and its insured regarding certain alleged misrepresentations in Defendant’s application for workers’ compensation insurance. Defendant was a medium-sized construction company that specialized … Continued
Introduction: Intellectual property (IP) attorneys are frequently overwhelmed when trying to keep up with the pace of technological innovation, so it comes as no surprise that boutique firms have emerged to focus on particular trends. Within the umbrella of IP law, copyright issues have sometimes taken a backseat to other legal questions, such as what … Continued
In a § 1983 action, a Defendant City and Defendant police officer in Alabama sought to exclude the expert opinion testimony of one of Plaintiff’s experts—an expert witness on police procedure. Plaintiff initiated this lawsuit after an incident occurred during a morning walk in his son’s neighborhood when a police officer employed by the City, … Continued
Introduction: Over the past year, a number of state supreme courts have decided to re-evaluate what evidentiary standard to apply when addressing the admissibility of expert witness evidence. See, e.g., Michelle M. Bufano & Lewis M. Russo, ”’Accutane’ Appeal Presents Opportunity For NJ To Adopt ‘Daubert,’” New Jersey Law Journal, Dec. 18, 2017, at https://www.law.com/njlawjournal/sites/njlawjournal/2017/12/08/accutane-appeal-presents-opportunity-for-nj-to-adopt-daubert/ … Continued
Microsoft has asked a judge to dismiss an infringement suit targeting their Cortana digital assistant products, capitalizing on an earlier ruling that invalidated three patents at the center of the case. Microsoft’s attorneys argued that the March 31st ruling from U.S. District Judge Richard G. Andrews of the District of Delaware destroyed the case from IPA Technologies Inc., as the American … Continued
A railroad conductor appealed the order of the Philadelphia County Court of Common Pleas granting his employer, a local transportation authority’s motion for a new trial. The main point of the appeal was the admissibility of his liability expert. On the night of his injury, Plaintiff stood in the vestibule of a railroad car holding … Continued
The Plaintiffs in a recent Mississippi federal case moved to strike the expert designation of Defendant’s witness, a Technical Environmental Engineer. In support of their motion to strike, Plaintiffs argued that he was a non-specially retained/ non-reporting expert as to all matters addressed in his designation. U.S. Magistrate Judge Jane M. Virden wrote in her … Continued
Pharmaceutical company Johnson & Johnson was ordered to pay $37M in the case of a New Jersey man who claimed he got mesothelioma from J&J’s talcum powder. Stephen Lanzo III used J&J’s product for over thirty years and believes they contained talc laced with asbestos. The New Brunswick, NJ, jury agreed with him. They found … Continued
Introduction: Recently, the federal government announced its intent to sue the state of California over several immigration-related bills that the United States Attorney General has claimed are unconstitutional. See, e.g., Abby Hamblin, “Jeff Sessions’ immigration lawsuit targets California: your questions answered,” San Diego Union-Tribune, Mar. 7 2018. At issue are three California laws, and California’s … Continued
Schlitterbahn Water Park corporate executives have been charged with several injuries to patrons as well as the death of ten-year-old Caleb Schwab. Schwab died when the Kansas City amusement park waterslide raft he was riding went airborne. Schwab was decapitated by a metal hoop that supported a netting system above the ride which was advertised … Continued
The market for drones is expanding. During the 2017 Christmas season, U.S. shoppers bought nearly 1.6 million drones, up 31% from Christmas 2016. Drones are complicated electronic devices and their safety is highly debated. Yorkdispatch.com tells us that during Christmas 2017 “social-media platforms were filled with tales of drones that crashed into trees, windows, and people … Continued
In 2017, a New Jersey case that involved the legality of sports betting was granted certiorari by the United States Supreme Court. See, e.g., Larry Gibbs, “Odds, Integrity And Preparations for the Supreme Court To Rule On Sports Betting,” Legal Sports Report, Mar. 5, 2018, at https://www.legalsportsreport.com/18925/sports-betting-odds-in-scotus-and-future/ (last visited Mar. 28, 2018). In response to … Continued
A former employee of the City of Tampa filed an action for unlawful retaliation in violation of the Americans with Disabilities Act (“ADA”) and the Florida Civil Rights Act (“FCRA”). Plaintiff was employed as a City Solid Waste Collection Driver. At some time during his employment, he was diagnosed with a medical condition that allegedly … Continued
Introduction: Artificial intelligence (AI) seems to be cropping up at every juncture, whether it’s in the form of self-driving cars or applications that correlate customer data to improve marketing techniques. A number of AI proponents have enumerated the benefits of implementing that technology in different sectors, but others have mentioned concerns with the use of … Continued
U.S. District Judge James I. Cohn recently heard arguments on a defendants’ motion to exclude the testimony of a plaintiffs’ military analyst with expertise in investigating and analyzing military structures in the context of violence against civilians during armed conflict. This military expert had nearly two decades of experience investigating international criminal law and human … Continued
Who can be held liable when an autonomous vehicle strikes and kills a pedestrian? This legal question came to the fore this week when an autonomous Uber car struck and killed a pedestrian in Tempe, Arizona, just outside of Phoenix. Liability for the women’s death is at issue. Tempe Police said the vehicle was in … Continued
Introduction: In order for the United States Patent & Trademark Office (PTO) to consider an invention legally entitled to a patent, the invention in question must be deemed “eligible” for legal protection. See, e.g., U.S. PTO, “Patent Eligible Subject Matter: Report On Views And Recommendations From The Public,” Jul. 2017, available at https://www.uspto.gov/sites/default/files/documents/101-Report_FINAL.pdf (last visited … Continued
The debate over whether or not Title VII of the Civil Rights Act applies to discrimination based on sexual orientation has been controversial and extensive. Myriad courts have been asked to resolve this question one way or another, and various legal interpretations have been advanced. On February 26, 2018, the Second Circuit Court of Appeals … Continued
Defendants in a recent federal California case filed an administrative motion to modify the court’s case management to let them supplement their expert disclosures by replacing Dr. A, previously disclosed as a forensic pathologist expert, with another forensic pathologist expert because he wasn’t available for trial. The plaintiffs said that they would stipulate to the replacement … Continued
A federal district court in Louisiana recently heard a motion to exclude expert testimony of a Certified Low Vision Therapist in an ADA (Americans with Disabilities Act) action. The plaintiff was a medical review nurse hired for the defendant insurance company. In July 2013, she suffered a stroke. As a result, she experienced, among other … Continued
The Maryland Court of Appeals recently held that trial court didn’t err in admitting Petitioner’s post-accident medical treatment records under Maryland Rule 5-703. The Court concluded that “disclosed” under Maryland Rule 5-703(b) means that evidence is admissible if it satisfies four elements set forth in the rule. Such evidence may, in trial court’s discretion, be … Continued
In 2014, California passed the Sustainable Groundwater Management Act (SGMA), which “requires critically overdrafted groundwater basins to adopt plans by 2020 to sustainably manage their aquifers.” Matt Weiser, “As California Groundwater Regulation Unfolds, Some Feel Left Out,” News Deeply, Jan. 22, 2018. Local groundwater regulatory agencies were created and tasked with meeting this looming deadline, and many … Continued
A computer forensics expert testified in the U.S. Northern District of California trade secret lawsuit filed by Waymo against Uber. These experts investigate different types of digital data found on computers or other electronic devices in order to locate and identify different forms of evidence. In the Waymo case, the computer forensics expert analyzed the … Continued
On February 14, 2018, Marjory Stoneman Douglas High School in Parkland, Florida, was subject to a tragedy. 17 people were killed and 14 were wounded. See, e.g., NBC News, “Broward County Sherriff details timeline of Parkland Shooting,” Video, Feb. 15, 2018, at https://www.nbcnews.com/video/florida-school-shooting-timeline-detailed-by-sheriff-1162718787706 (last visited Feb. 21, 2018). The deaths and injuries occurred after a … Continued
In the United States, labor law encompasses everything from family medical leave to marijuana regulation. See, e.g., Erin Mulvaney, “Labor of Law: We Asked for Labor-Law Predictions for 2018. Here’s What You Said.”, Law.com, Jan. 16, 2018. When asked what trends they expected to see in the labor and employment fields for 2018, a number … Continued
Introduction: Expert witnesses are commonly used in all types of federal civil litigation, and bankruptcy court is no exception. However, according to one bankruptcy attorney, “[t]he rules and best practices applicable to expert witnesses in bankruptcy court differ in a number of respects from those in district court.” Philip Bentley, “United States: Expert Witnesses In … Continued
The Virginia Department of Elections brought a motion to exclude the testimony of a proposed election expert witness for the plaintiffs—three individuals and two voluntary associations affiliated with the Republican Party of Virginia. The lawsuit challenged the constitutionality of the Incumbent Protection Act, which provides certain elected officials with the power to choose the method … Continued
Former Chicago White Sox player Dustin Fowler is suing the team and the agency that manages Guaranteed Rate Field for negligence following his knee injury in June 2017. Fowler ran after a foul ball and collided with an electrical box at knee level. He suffered a rupture of the patella tendon in his right knee … Continued
Sleep apnea is the most frequently diagnosed sleep disorder in the United States. It’s also becoming a “go to” criminal defense for many trial attorneys. Sleep apnea is a potentially serious sleep disorder in which breathing repeatedly stops and starts during a sleep cycle. The use of sleep apnea as a defense holds that the … Continued
A jury convicted the Defendant in Indiana of 15 counts of wire fraud, four counts of money laundering, and one count of securities fraud for his participation in a fraudulent investment scheme. In 2009, a self-described financial advisor began creating financial investment business entities and soliciting startup capital from family and friends. He directed individuals … Continued
Defendant rear-ended Plaintiff while he was stopped at a red light. The parties stipulated that Defendant was negligent, but left the issues of causation and damages for the jury. Plaintiff claimed that his alleged injuries limited his ability to work as a nurse, but he didn’t leave nursing until shortly after he filed this lawsuit. … Continued
Recently a life insurance company filed an interpleader action to resolve which of the defendants was entitled to the proceeds of an insurance policy it issued on the life of the decedent (the insured)—his ex-wife or his widow. The ex-wife was the named beneficiary, and the insured had transferred ownership of the policy to her … Continued
Introduction: Expert witnesses play an integral role in intellectual property (IP) litigation. Recently, a number of experts were asked to “identify the biggest moments in IP” for 2017 and to predict potential trends for the upcoming year. See, e.g., Gene Quinn, “An Interesting Year on the Horizon: What to Watch in 2018,” IP Watchdog, Jan. … Continued
On January 4, 2018, U.S. Bankruptcy Judge Brendan Shannon in Wilmington, DE, gave auto supplier Takata’s creditors the green light to vote on the bankrupt company’s Chapter 11 plan. Takata filed for bankruptcy in June 2017 during a massive recall of its defective airbags. The company manufactures and sells motor vehicle seat belts, airbags, steering … Continued
Introduction: In medical malpractice cases, certain elements must be proven by plaintiffs in order to make a recovery, and in most states, those elements must be shown to a degree to even file a complaint. This article reviews such cases and the role of expert witnesses, from the perspective of a professor of surgery, who … Continued
Introduction: This past year, particularly in recent months, the #MeToo movement, which spread across the nation and went viral around October of 2017, culminated in countless individuals speaking out about experiences with sexual harassment, assault, and other forms of misconduct, and the hashtag is recognized for breaking a history of silence on these issues. See, … Continued
Plaintiff smoked a pack and a half of cigarettes every day for 30 years and suffered from lung cancer. He also worked aboard navy vessels removing insulation, which he claimed exposed him to asbestos fibers. Plus, for two weeks, he worked as an independent contractor at Defendant’s refinery replacing heaters that Plaintiff claimed were insulated … Continued
Oral surgery expert witnesses are knowledgeable in surgery complications following tooth removal, rehabilitative dentistry, restorative implants, endodontics, periodontics, and additional oral surgery procedures. Oral surgery litigation may result from alleged surgery errors, unforeseen side effects, prescribing the wrong post-surgery medication, or other unexpected problems occurring before, during, or after surgery. In Augusta, Maine, jurors found … Continued
A federal court in South Dakota recently denied a motion to exclude a truck dealer’s expert testimony in a dispute over lost profits resulting from the termination of a distributor agreement. The defendants, a manufacturer and a trailer sales company, moved to exclude the testimony of an expert the plaintiff dealer had retained to … Continued
The market for remotely piloted aircraft (RPA) systems, commonly known as drones, is expanding. The three main segments of the industry are consumer drones, enterprise drones, and government drones. As a result of this growth, RPA manufacturers and operators are seeking greater access to airspace. The International Air Transport Association, Airports Council International, and the … Continued
In November, the FDA approved Abilify MyCite, a pill with a sensor that digitally monitors whether a patient has taken his or her medication. It’s a significant advance in the growing field of digital devices designed to monitor medicine-taking and to address the expensive, longstanding problem of patients failing to take their meds as prescribed. … Continued
While it is common knowledge to many attorneys that different types of expert witnesses are available and frequently indispensable in litigation, familiarity with the details of such witnesses can be of great utility. This article examines the many forms of guidance and assistance that experts can offer, in line with a helpful breakdown provided by … Continued
Arizona Rule of Evidence 615 (“the Rule”) provides that a trial court, at a party’s request, “must order witnesses excluded so that they cannot hear other witnesses’ testimony.” That rule was called into question recently when a patient sued her doctor of chiropractic for medical malpractice. Plaintiff alleged that Defendant negligently performed a chiropractic adjustment … Continued
Introduction: Expert witnesses have been a part of litigation for longer than many people realize. In fact, the earliest time that an expert witness was known to take part in a lawsuit was in 1782, when an engineer testified in court in England. See, e.g., Yorkshire Reporter, “John Smeaton,”Jan. 22, 2014, available at http://yorkshirereporter.co.uk/john-smeaton/, (last … Continued
In 2014, a federal magistrate issued a preliminary injunction in a suit in which the State of New York alleged the pharmaceutical manufacturer (“Manufacturer “) attempted to effectuate a “hard switch” from a twice-daily drug that treats moderate-to-severe stages of Alzheimer’s disease to a pharmacologically identical drug only taken once a day. The State alleged … Continued
Introduction: In recent years, there has been a robust and lively debate over what types of marketing are the most effective, as well as which ones may face the most significant ethical and/or legal complications. Of late, more and more companies have been utilizing a tool called “influencer marketing,” particularly on social media. In fact, … Continued
Product safety lawsuits involving personal injury may allege poor product design or manufacturing, as well as human factors and misuse of the product. In the news, Ikea relaunched a recall on approximately 17.3 million chests and dressers in the U.S. Ikea.com states, “The recalled chests and dressers are unstable if they are not properly anchored to … Continued
A Pittsburgh law firm has been ordered to pay double the cost of an expert it didn’t use in an insurance case. After a tornado damaged the insured’s home, the homeowners sued their homeowner insurance carrier to pay damages in excess of policy limits because it negligently underinsured the property and acted in bad faith … Continued
Introduction: In civil litigation, expert witnesses have become a valuable and often necessary part of a case, and their opinions and testimony can pave the way to success at trial. As some legal analysts explain, “Experts may not only be critical to the introduction of evidence (i.e. testimonial experts), but may also play a key … Continued
A silicone breast implants manufacturer was sued for health issues arising from its product. Due to the number of claims by implant recipients, a class-settlement was initiated, and an agreement was reached in the Northern District of Alabama. About 440,000 individuals agreed with this settlement, but thousands of individuals opted out. As a result of … Continued
In Southern Alliance for Clean Energy and Tropical Audubon Society Incorporated v. Florida Power & Light Company, the power company was charged with violating the Clean Water Act. Florida Power & Light’s nuclear power reactors at Turkey Point are allegedly leaking polluted water into Biscayne Bay. Plaintiffs state that FPL has created a large saltwater … Continued
The Ninth Circuit recently heard an appeal of a Plaintiff who alleged that his constitutional rights were violated when he was arrested while volunteering to observe an interagency government operation to herd buffalo into Yellowstone National Park. Among the issues on appeal was the district court’s exclusion of his expert witness. During the incident, Plaintiff … Continued
Introduction When retaining and working with expert witnesses, attorneys have a number of matters to consider to ensure that their interactions with such experts are ethical. This article examines some of the common ethical considerations involved in this dynamic by the American Bar Association (ABA). Discussion Engaging Expert Witnesses: One ethical issue that the ABA … Continued
A case was recently appealed by the estate of a decedent under the Federal Tort Claims Act against the United States from a fatal medical incident he suffered while in the care, custody, and control of a VA Medical Hospital. The decedent suffered from numerous medical conditions and was admitted to the Hospital several times … Continued
The Eighth Circuit Court of Appeals, in a per curiam opinion, recently held that the district court didn’t abuse its discretion by excluding parts of a metallurgy expert’s testimony. At the time of her total hip replacement, Plaintiff was a little over five feet tall, weighed 302 pounds, and took immunosuppressant drugs—factors that placed her … Continued
Introduction: Intellectual property (IP) litigation accounts for a large percentage of cases heard in United States district courts, perhaps reaching as much as sixty-percent or higher in recent years. See generally, e.g., Matthew Sag, “IP Litigation in U.S. District Courts: 1994-2014,” Iowa Law Review, Vol. 101, Iss. 3, P. 1065, 2016. When Congress enacted the … Continued
Many farmers planted a new type of seed this year. More than 25 million acres of soybean and cotton fields were planted with seeds developed by Monsanto that are genetically modified to be resistant to a weed killer called dicamba. The seeds are one of the biggest product releases in the Monsanto’s history. However, the … Continued
A nutrition company (Defendant) based in Los Angeles may have thought that the $200 million settlement with the government would end all the nutrition-shake company’s fraudulent business practices, but a new Miami class action claims more illegalities. The company’s settlement with the FTC last year prohibited the company from engaging in certain business practices, such … Continued
Introduction: Within the past few weeks, a major case has been settled, one that entailed allegations by a meat producer that a major television network had made defamatory claims about its products. See, e.g., Daniel Victor, “ABC Settles With Meat Producer in ‘Pink Slime’ Defamation Case,” The New York Times, Jun. 28, 2017. The case … Continued
Introduction: Expert witnesses are so prevalent in litigation that it is commonplace for attorneys to be familiar with them and to have myriad working relationships with them. From cases concerning issues of patent law to radiology, a number of legal commentators and jurists have suggested that “blinding” experts may be a way to reduce potential … Continued
Introduction: In 2010, a pilot’s airplane fell from the sky, resulting in a host of injuries to the pilot that ultimately left him wheelchair-bound. See, e.g., Mary Divine[1], “Pilot who crashed at Minnesota airport denied $27M verdict,” Crookston Times, Sep. 26, 2017. In 2011, the National Transportation Safety Board (NTSB) ruled that the crash occurred … Continued
Northrop Grumman filed a lawsuit against the state of Virginia in May over contractual disagreements. The state countersued in June. Virginia Information Technologies alleges the global security company is responsible for delays and costs in canceling a $2.4B contract. The VITA countersuit cites “inadequate knowledge transfer” and “NG’s refusal to perform necessary transition activities, and … Continued
An Alabama compounding pharmacy brought an action against their general liability insurer, asserting claims of breach of insurance contract, bad faith failure to investigate, and bad faith denial of a claim. All the claims arise from Defendant’s denial of coverage, including defense and indemnification, to Plaintiff’s underlying lawsuit. In that action, Plaintiff maintained that the issue … Continued
Article Originally Appeared in the Philippine News Written by Lydia V. Solis Rosemead, CA – “Queng leon queng tigre ecu tatacut, queca pa?” That’s how Mercy Tolentino Steenwyk, a petite native from Lubao, Pampanga, got everyone’s attention when she spoke before a group of young professionals on July 24, at the Southern California Edison employee … Continued
Recently, a Texas federal court issued an opinion against a large gaming manufacturer, based on another company’s claim of patent infringement. This case was somewhat unique in that it involved an alleged patent on a process, rather than a product. This article examines the legal issues at play and discusses the future legal action contemplated … Continued
Attorney General Bob Ferguson filed an environmental lawsuit against an agricultural company in King County (WA) Superior Court. The lawsuit seeks damages and cleanup costs associated with the polychlorinated PCB contamination in Washington from biphenyls (PCBs) that the company produced for decades. The AG office states: The agricultural company was the only U.S. company to … Continued
A class action lawsuit has been filed in San Diego against the credit monitoring agency Equifax, with potentially millions of people eligible to join the action. The lawsuit was filed in United States District Court on September 8th on behalf of two San Diego residents against Equifax for negligence, unfair competition, and unlawful business practices … Continued
Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act forbids age discrimination against people who are age 40 or older. In the news a former employee (Plaintiff) has accused her company (Defendant) of age discrimination. Plaintiff worked as a maintenance technician at … Continued
Recently, a motion to exclude an expert witness was heard by a judge in the Eastern District of Michigan in a dispute over credit reporting and credit card charge-off procedures. Case Background Plaintiff alleged violations of the Fair Credit Reporting Act and that Defendant Credit Card Company (“Creditor”) reported his delinquent credit card account to … Continued
When Billboard enumerated its picks for the top music lawyers in the industry, it also provided an illuminating look at the various legal issues music attorneys tackle. See Billboard Staff, “Billboard’s 2017 Top Music Lawyers Revealed, Led By Joel Katz,” Billboard Magazine, Jul. 17, 2017. This article examines some of those issues and addresses how … Continued
When determining how to document the work they have done and the amount of time each task has taken, expert witnesses, like attorneys, have certain options available. In cases where an expert is paid on an hourly basis, there are different methods that are used to calculate and bill for the proper amount. This article … Continued
A trade secret litigation between two autonomous car development companies is scheduled for trial in October. The Northern District of California complaint alleges that a former employee took 14,000 proprietary files and used them to create a new startup in which the tech corporation later acquired. Plaintiff accuses its former engineer of taking driverless car trade secrets with … Continued
In a recent patent infringement suit, a federal district court was asked to consider the plaintiff’s Motion to Strike and/or Exclude Testimony of the defendants’ designated expert witness. The plaintiff made two arguments for why the court should strike or exclude the expert’s report. First, they argued that the expert improperly relied on material the … Continued
Over the last few years, there has been substantial publicity about opiate medications and the potential abuses of those drugs. Since then, there has been one product pulled from the market, and the federal government has suggested that it will be enacting stricter prescription guidelines by January of 2018. In the midst of all of … Continued
Over 2000 product liability lawsuits have been reinstated against Defendant, a large pharmaceutical healthcare company by users of the acne drug Accutane. Plaintiffs allege they developed severe bowel disease after taking the medication. Lawsuits accused Defendant of knowing there was a link between Accutane and gastrointestinal symptoms. The acne drug was taken off the market in 2009. … Continued
Introduction: Bitcoin and other cryptocurrencies have become increasingly popular over the past few years, which has been caused, in part, by two factors: many legitimate large businesses have begun to accept them as payment options, and the value of Bitcoin, in particular, has substantially increased. Because these cryptocurrencies have evolved so quickly, there are a … Continued
In an action over the marketing and sales of insurance products, a plaintiff IMO (“independent marketing organization”) sought to strike the defendant insurance company’s expert witness. In their motion, Plaintiffs, inter alia, asserted that the insurance expert didn’t set out verifiable standards for his analysis, identify who created these standards, or explain their relevance. Defendant … Continued
What constitutes price fixing? According to the Department of Justice Antitrust Division: Price fixing is an agreement among competitors to raise, fix, or otherwise maintain the price at which their goods or services are sold. It is not necessary that the competitors agree to charge exactly the same price, or that every competitor in a … Continued
Introduction: In Illinois, a large concentrated animal feeding operation (CAFO) for pigs is proposed to take up eight acres of land in a rural county. There are some rules pertaining to livestock confinement areas provided by the Illinois Department of Agriculture (IDOA), but they are somewhat lacking. See, e.g., Debra Chandler Landis, “Illinois Issues: Big … Continued
A company will pay $717,202 in back pay and damages to settle claims by the U.S. Department of Labor that it broke rules laid out in the Fair Labor Standards Act. The company was found to not have paid overtime to employees who were on the job more than forty hours a week as well … Continued
United States Magistrate Judge Edwin G. Torres of the Southern District of Florida recently heard a cruise line’s (“Defendant”) Daubert Motion to Strike the Plaintiff’s expert witness. This case stems from the death of a passenger aboard Defendant’s cruise ship. Decedent and his ex-wife (Plaintiff) went on a cruise to Cozumel, Mexico. During the first … Continued
Introduction: 2016 saw a very large number of lawsuits, particularly class actions, which pertained to alleged violations of the Americans with Disabilities Act (ADA) and whether certain companies’ web content was accessible to disabled people in a way that comports with the Act’s requirements. See, e.g., Lewis Wiener & Alexander Fuchs, “Trending: ADA Website Accessibility … Continued
What is a hospitalist? Hospitalists are physicians skilled in all types of medical treatment administered within the hospital setting. Hospitals serve many different patients with a wide spectrum of conditions. Standard of care is especially relevant in any type of hospital service, particularly when significant decisions must be made immediately. When allegations of medical negligence … Continued
This article originally appeared in the Los Angeles Business Journal. By Mercy Tolentino Steenwyk When I came to the United States from the Philippines as a 25-year-old, I had a journalism degree and virtually nothing else. After working for a short time as a marketing consultant in construction, I noticed the need for the construction … Continued
The owner and head pharmacist of New England Compounding Center was found guilty of racketeering and fraud and sentenced to nine years in prison. In 2012, 753 patients in 20 states were diagnosed with a fungal infection after being injected with contaminated medical steroids manufactured by NECC. Sixty-four patients in nine states died in what … Continued
In a wage and hour dispute, a former shift manager has accused the company of not paying him overtime wages. The Fortune 500 e-commerce company is based in Seattle, WA. Plaintiff worked in several warehouses in the San Francisco Bay Area. In the Contra Costa County Superior Court lawsuit, plaintiff states that upon his hiring, … Continued
Introduction: Medical devices, which are regulated by the federal Food and Drug Administration (FDA) and governed by the US Federal Food, Drug, and Cosmetic Act (FFDCA), are often the subject of various types of lawsuits. This article examines some of the more common types of litigation that arise in the medical device industry and discusses … Continued
The mother was a Yupik woman with young children who struggled with addiction. The Office of Child Services (OCS) took emergency custody of the children after receiving more reports of violence, drug abuse, and child endangerment. The mother obtained a substance abuse assessment but was discharged after less than two weeks for possession of marijuana … Continued
The US Court of Appeals, Seventh Circuit, affirmed summary judgment in favor of the defendant in a toxic tort claim. The plaintiffs blamed the glue manufacturer for neurological and psychological problems that the plaintiff experienced after exposure to the company’s adhesive. Discovery lasted for over three years with the district court finding that the evidence … Continued
Must a plaintiff present expert testimony to support his claim pursuant to California’s consumer expectations test for design defects? The Ninth Circuit says yes. The plaintiff in a recent case appealed the district court’s grant of summary judgment in favor of an electric company, arguing that it erred in holding that he was required to … Continued
