Blog Articles

Does Attorney-Client Privilege Protect Expert Compensation?

By

expert compensation

A Florida federal magistrate was asked last week to rule on an order requiring production of pre-litigation service agreement relating to the plaintiffs’ expert after in camera review.   The defendant in the case made a Motion to Compel the Plaintiffs to Respond to its Initial Discovery (“Motion”).   The district court held a hearing on the Motion and then entered an order on the motion and required that Plaintiffs submit for in camera review the agreement … Continued

Young Boy Faced With Disability Discrimination

By

Discrimination Expert Witnesses

The world’s largest health insurer has been charged with discrimination against medical insurance customers who were denied mental health services. Plaintiff Jane Doe is the mother of a 13 year old boy diagnosed with autism spectrum disorder. Her son John was denied applied behavioral analysis, the leading treatment for autism. The complaint states:  ABA (applied behavior analysis) is generally accepted as … Continued

Can a School Admissions Expert Testify in a Contract Case?

By

Academy Expert Witnesses

Appellant appealed from the judgment entered in the Delaware County Court of Common Pleas in favor of Appellee Military Academy (“the Academy”), following the Academy‘s supplemental petition for attorneys’ fees resulting in a molded verdict and judgment in a breach of contract action. Appellee is a private, non-profit, education institution located in Wayne, Pennsylvania. Appellant is an attorney and the father of the cadet in question … Continued

Can a Medical Recruiter Opine on a Doctor’s Termination from his Residency?

By

Medical Expert Witnesses

A Louisiana Plaintiff filed claims of retaliation and hostile work environment based on religion against a medical school board in connection with his termination from the school’s emergency medicine residency program. In support of his claims, Plaintiff retained several experts whom the School challenged under Federal Rule of Evidence 702 and Daubert. One of these … Continued

Can an Expert Disclosed as a Fact Witness Testify at Trial?

By

Fact Witnesses

Plaintiff sought medical treatment for an eye infection. He was diagnosed with Blepharitis, an infected eye or eyelid, and was prescribed with Ofloxacin, an eyedrop treatment. The prescription was called into Defendant Pharmacy. Plaintiff picked up the prescription and began to apply the medicine to his eyes. Two days later, he was contacted by the pharmacy informing him there was an … Continued

Is Expert Testimony Required in an ADA Case?

By

Medical Expert Witnesses

A Colorado plaintiff claimed that her former employer discriminated against her under the Americans with Disabilities Act (“ADA”) when it terminated her employment. The district court granted summary judgment to the employer.  On appeal, Plaintiff alleged the district court erred when it denied her motions to amend the scheduling order to extend the time for … Continued

How Much Leniency is Enough When Trying to Locate an Expert?

By

Mental Health Expert Witnesses

A defendant was charged with shoplifting at the Army and Air Force Exchange Service store on Buckley Air Force Base in Aurora, Colorado (the Exchange). At a jury trial before a magistrate judge, she was convicted of theft of government property. The magistrate sentenced her to concurrent sentences on each count of 30-days’ imprisonment and one year of supervised release. The … Continued

Can a Radiologist Provide Expert Opinion on a Shoulder Injury?

By

Radiologist Expert Witnesses

Plaintiff was in New York City when his friend had a medical emergency. After his friend was placed in an ambulance and the doors were closed, Plaintiff said he approached the ambulance to ask the police officers if he could retrieve his friend’s belongings or ride to the hospital with him. Plaintiff alleged that after making this request, “without any warning or justification,” The officers “forcefully … Continued

Complications Following Surgical Mesh Medical Devices

By

Medical Devices Expert Witnesses

Hernia mesh manufacturers are dealing with thousands of lawsuits as patients seek reparation for medical complications following surgery. Nearly 7,000 lawsuits are pending in three different multidistrict litigation actions. While the medical devices were marketed as safe and effective, the FDA received complaints from patients with side effects including chronic pain, internal bleeding, tissue damage, organ adhesions, etc. In the Northern District of Georgia, over … Continued

Can a Party Reimburse Expert Witness Fees for Deposing its Own Expert?

By

Expert Witness Fees

Plaintiff was injured while working for Defendant Railroad Company. He sued under the Federal Employers’ Liability Act (FELA), alleging that the Railroad negligently failed to provide reasonably safe working conditions by failing to provide appropriate equipment for the job he was doing when he was hurt.  A jury awarded  him $525,000 in damages. The Railroad … Continued

Why Was a Sleep Deprivation Expert Used in a Murder Trial?

By

Sleep Deprivation Expert Witnesses

The Iowa attorneys representing a man accused of murder are requesting the court to allow the testimony of a sleep deprivation expert during the trial.  Prosecutors trying the case against the man who allegedly killed Mollie Tibbetts filed a motion in district court stating that the State didn’t oppose the request for a sleep deprivation expert witness.  Twenty-five-year-old Cristhian Bahena Rivera is charged with first-degree murder in the death of Tibbetts, who disappeared July 18, 2018, from Brooklyn, … Continued

E-Cigarette Use Being the Cause of Wrongful Deaths

By

E-Cigarette Expert Witnesses

A plaintiff filed a wrongful death lawsuit against an electronic cigarette company alleging that her son died due to his e-cigarette addiction. The complaint was filed on October 16, 2019, in the U.S. District Court for the Northern District of California. The plaintiff describes her son as becoming addicted to his vape pen when he was fifteen. He died … Continued

The Complexity of Patent Infringement and Validity

By

Patent Infringement Expert Witnesses

Patent infringement and patent validity lawsuits are more often than not exceptionally complex. Litigation in this area of law requires a highly qualified expert witness with experience in the industry as well as knowledge of the applicable laws and regulations. In a significant patent lawsuit, a New Jersey district court jury has recently ordered an … Continued

Florida Court Won’t Reconsider Expert Witness Standard

By

The Florida Supreme Court recently denied requests to review its controversial decision that revised standards for expert witnesses in lawsuits earlier this year.  That May 2019 case involved an $8 million personal injury verdict that was successfully appealed by the defendants. Pursuant to DeLisle v. Crane, a case that hinged on the admission of expert testimony, the Florida Supreme Court adopted chapter 2013-107, sections 1 and 2, Laws of … Continued

Could a Railroad Accident Be Foreseeable?

By

Railroad Accidents Expert Witnesses

A Tacoma, WA, jury has awarded three plaintiffs nearly $17M in damages as victims in the 2017 train derailment outside DuPont, WA. The accident killed three and injured more than 60 when the train left the track and plunged down onto Interstate 5. The 5/21/19 National Transportation Safety Board news release reads as follows:  ​Failure to … Continued

Was an SPCA Officer an Expert on Dog-Training Devices?

By

SPCA Expert Witnesses

Defendant was tried before a jury and found guilty of second-degree possession of a controlled dangerous substance (CDS) (cocaine) with intent to distribute. Part of his appeal concerned the testimony of an SPCA law enforcement officer or humane law enforcement officers (HLEO) who dealt with Defendant’s dogs.  At the suppression hearing, a detective testified that he removed Defendant from … Continued

Can a City Attorney Be an Expert in an Excise Tax Dispute?

By

Surety Expert Witnesses

A Johnson County, Kansas jury found that a developer breached an indemnity agreement with Surety Company. The indemnity agreement was required to obtain a performance bond from Surety to ensure the payment of excise tax to the City for the development of a subdivision.   On appeal, Developer contended that the district court erred in allowing the City Attorney to give her opinion as to legal matters when … Continued

New California Legislation & Ride Share Services

By

Gig Economy Expert Witnesses

Introduction:  On September 10, California became the first state to change its laws regarding how workers in certain service industries are legally regarded. See, e.g., Sean Symkowski, “California bill passes to classify Lyft, Uber drivers as employees,” C-Net, Sep. 11, 2019, at https://www.cnet.com/g00/roadshow/news/california-ab5-uber-lyft-employees/?i10c.ua=4&i10c.encReferrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8%3d&i10c.dv=13.  The California legislation, AB 5, is reported to be a “landmark bill…that … Continued

Diving Vessel Fire Cause and Investigation

By

Fire Expert Witnesses

What areas may a fire expert consult on? Fire investigation experts examine evidence to determine the source of ignition and then analyze the possible cause, which could be natural, accidental, incendiary, or undetermined. These experts are knowledgeable on fire codes as well as building codes and consult on whether buildings or vessels are in compliance.   … Continued

What Can a Criminal Procedure Expert Cover in His Testimony?

By

Criminal Procedure Expert Witnesses

A man was shot and killed when a U.S. Marshal attempted to arrest him at a house in Detroit in 2015. The man’s estate and his relatives filed this action, asserting multiple claims against several Defendants. In the end, there was only one remaining claim in the case— the Estate’s excessive force claim against the federal agent.   The Estate wanted to have its criminal procedure expert testify as an expert witness at … Continued

A Pharmaceutical Companies Role in the Opioid Public  Health Crisis

By

Pharmaceuticals Expert Witnesses

A privately held pharmaceutical company has negotiated a multibillion-dollar settlement with lawyers for local and state governments that would resolve approximately 2,000 lawsuits against the drug maker. The company is blamed for much of the prescription opioid epidemic in the U.S. The potent opioid painkiller OxyContin was introduced in 1996 and was followed by an … Continued

Can a Nursing Home Admin Qualify as a Nursing Home Expert?

By

Nursing Home Expert Witnesses

In Virginia, a nursing assistant molested and raped an 85-year-old resident at a nursing home. The administrator of the resident’s estate brought suit the nursing assistant and the nursing home, and the jury returned a verdict against both defendants.   On appeal, the nursing home argued, inter alia, that the trial court made erroneous evidentiary rulings on the admissibility of expert testimony.   The trial court excluded testimony from … Continued

Was a CPA an Expert or a Lay Witness in a Lawsuit?

By

CPA Expert Witnesses

In a recent case concerning a hospital’s business income loss, a plaintiff insurance company sought leave to disclose a CPA as a witness to present evidence under Federal Rules of Evidence 702, 703, or 705, and at the same time to allow disclosure of his report. Defendant Hospital, Plaintiff’s insured, opposed the motion.   Plaintiff was trying to recover indemnity payments it made to the Hospital on the theory that Defendant was responsible for … Continued

Can a Party “Claw Back” Privileged Emails?

By

Claw Back

An Oklahoma plaintiff recently asked a federal court to preclude a defendant from “clawing back” privileged documents accidentally revealed to an expert pursuant to Federal Rule of Civil Procedure 26(b)(5)(B).  In March of 2017, Plaintiff discovered twelve stones in fruit pies made with black raspberries sold to it by Defendant. Plaintiff notified Defendant, which cooperated with Plaintiff in investigating the issue. Ultimately, Defendant admitted that it didn’t have the necessary insurance coverage. As a result, Plaintiff filed suit asserting … Continued

Fire and Explosions Investigations In Oil Refineries

By

Fire Experts

What is the role of the fire expert witness in cases involving fires and explosions? In litigation, the fire expert witness provides valuable analysis and insight to determine the cause of a fire and whether the defendant is responsible for damages. Their expertise extends to fire safety science, arson, fire investigation, chemical explosions, and more.  … Continued

How An Advertising Mistake Can Lead to Litigation

By

United States District Judge Jon S. Tigar signed off on a $32.5M settlement that resolves class allegations against Uber Technologies Inc. The case is Byron McNight, et al., v.  Inc., et al.  (Northern District of California, No. 14-cv-05615-JST). Law.com reported that “As part of the deal, Uber has agreed to cease charging ‘Safe Rides Fees’ and to refrain from using statements like ‘safest ride on the road’ and ‘industry-leading’ when … Continued

Can a Court Exclude a Rebuttal Expert for Late Disclosure?

By

Rebuttal Expert Witnesses

A plaintiff appealed a Washington State superior court’s order of on summary judgment dismissing his claims for waste, timber trespass, equitable indemnity, and contribution. He also appealed the superior court’s exclusion of his rebuttal expert’s testimony.  Plaintiff owned a lot to the east of and adjacent to Defendant’s property in Lewis County. The land near the property line between the two properties was forested. There was a 60-foot … Continued

Social Network Company’s Privacy Invasion Dispute

By

Privacy Expert Witnesses

The Ninth U.S. Circuit Court of Appeals in San Francisco affirmed the district court order certifying a class action against a social network company’s facial recognition technology. Plaintiffs’ lawyers argued that company illegally collected and stored biometric data for millions of users without their consent. The opinion states:  Specifically, the panel concluded that the development of a … Continued

How Much Grace Will a Judge Give to Locate an Expert?

By

Expert Deadline

A defendant was charged with shoplifting at the Army and Air Force Exchange Service store on Buckley Air Force Base in Aurora, Colorado (the Exchange). At a jury trial before a magistrate judge, she was convicted of theft of government property. The magistrate sentenced her to concurrent sentences on each count of 30-days’ imprisonment and one year of supervised release. The … Continued

Can an Attorney Be an Insurance Expert?

By

Insurance Expert Witnesses

In a dispute over an insurance claim, a defendant argued that the plaintiff’s expert wasn’t qualified to offer testimony.  In 2014, Plaintiff, a Nevada LLC, contracted for the construction of a residence in Paradise Valley, Arizona. In 2016, the homeowners noticed a leak in the garage of the home. This led to the discovery of … Continued

Can Methodology Be Used in a Personal Injury Case?

By

Methodology

Expert methodology was at the center of the battle of the experts in a personal injury case where the plaintiff fell from her wheelchair while disembarking Defendant Cruise Line‘s ship at a ramp within a leading into the terminal building in Miami.  Plaintiff proffered a mechanical engineer expert on the Cruise Line‘s liability for her fall. This expert was a long-time “forensic accident investigator.” He “inspected, measured, and photographed the scene of the incident,” reviewed materials from the … Continued

Defective Products Can Lead to Safety Hazards

By

Product Defect Expert Witnesses

Consumers who used the cooking spray Pam have sued alleging that the containers exploded and severely burned, blinded and/or disfigured them. The Cook County Circuit Court lawsuits allege that Conagra designed and manufactured cans that were defective and failed to warn consumers of the danger. Conagra responded that when the product is used correctly, it is 100% safe. The company states that the container design is no longer in production.  The Chicago Sun Times lists the lawsuits … Continued

Massive Oil Spill West of Bakersfield in Kern County

By

Oil Spill Expert Witnesses

Crews from an oil industry company are cleaning up a massive oil spill in California after 855,000 gallons of water and oil leaked out of the ground west of Bakersfield. The oil industry company uses steam injection to extract oil in the Cymric Oil Field. John Cox at Bakersfield.com reports: “Surface expression, as the leaking phenomenon is called, can result when high-pressure steam escapes … Continued

Can an Experts Affidavit Conform with Rule 56’s “Personal Knowledge” Requirement?

By

Water Treatment Expert Witnesses

A non-profit environmental organization, on behalf of its members, brought an action against Defendant water treatment plant under the citizen enforcement suit provision of the Clean Water Act (“CWA”), 33 U.S.C. § 1365.   Plaintiff sought declaratory and injunctive relief, the assessment of civil penalties, as well as costs and fees for alleged violations of CWA. Plaintiff … Continued

Blocking of Pipeline Construction Lifted By Ninth Circuit

By

Pipeline Expert Witnesses

The injunction blocking construction on the Keystone XL pipeline has been lifted by the 9th U.S. Circuit Court of Appeals, Great Falls, MT. The judicial panel dismissed the lawsuit brought by Native American and environmental groups including the Sierra Club and the Natural Resources Defense Council. This is a win for TransCanada Keystone Pipeline LP which plans to ship as much as 35M gallons … Continued

EPA Begins Environmental Remediation Project in Cleveland

By

Environmental Remediation Expert Witnesses

The Environmental Protection Agency has begun a $5.9M environmental remediation project at Clark Field in Cleveland’s Tremont neighborhood. The project involves placing a two foot barrier of topsoil between the contaminated soil and what people will come into contact within the park. Contaminates in the park include lead, arsenic and other carcinogens. EPA’s Stephen Wolfe says that adding clean soil on top is far more cost effective than digging … Continued

Is an Expert Required to Prove Causation in Government Immunity Action?

By

Causation Expert Witnesses

The plaintiff sought review of a court of appeals decision affirming the circuit court’s grant of summary judgment dismissing his claims against the Village for negligence and private nuisance. He sued the Village after wastewater backed up into his basement.  Plaintiff claimed that the court of appeals erred in determining that the Village was immune from suit for negligence pursuant to Wis. Stat. … Continued

How are Expert Fees Paid in a § 998 Offer in California?

By

California Code of Civil Procedure Expert Witnesses

A law firm brought suit against a client to recover unpaid legal fees and costs. The client eventually served the law firm with an offer to compromise pursuant to California Code of Civil Procedure § 998. The Client offered a waiver of its recovery of costs in exchange for the law firm’s dismissal of all claims against the client. Law Firm didn’t accept the offer, but more than a year later it dismissed its complaint against Client without prejudice. Because Law Firm didn’t accept the § 998 … Continued

Coke Oven Emissions Liability Lawsuit

By

Liability Lawsuit Expert Witnesses

On June 11, 2019, the New York Court of Appeals ruled that a multinational conglomerate company will face product liability allegations in its failure to warn of the dangers of inhaling coke oven emissions. The appellate court said that coke ovens built for steel producers to burn coal can be considered “products” and therefore are subject to product liability lawsuits. A steelworker … Continued

Can a Court Limit a Neuropsychologist’s Examination of the Plaintiff to Just Two Hours?

By

Neuropsychologist Expert Witnesses

Last summer, the Texas Court of Appeals heard the appeal of a Jones Act case in which injured employee sought damages for physical and psychological injuries incurred while he was employed with a fleet of inland tank barges and towing vessels. Although the injured employee‘s neuropsychologist performed a two-day examination that included a battery of tests, the trial court denied the employer’s request for its neuropsychologist … Continued

Cruise Ship Failed to Provide Safety Standards

By

Negligence Expert Witnesses

A Plaintiff filed a $10M negligence lawsuit against a cruise line following an accident on the ship’s trampoline bungee ride. Plaintiff fractured his pelvis when the bungee cords broke in February 2019. He was approximately twenty feet in the air and landed on the hard surface of the deck. The complaint in this case states: As … Continued

When Should You Consult With a Trade Secret Expert Witness?

By

Trade Secrets Expert Witnesses

When should you consult with a trade secret expert witness? Trade secret experts provide in-depth analysis in disputes alleging unfair practice, unfair competition, and violation of a trade secret. Their experience and knowledge of U.S. Patent and Trademark rules and regulations provides a powerful advantage during litigation.  The World Intellectual Property Organization defines a trade secret: Broadly speaking, any confidential business information which provides an … Continued

Will a Weather Expert Persuade the Court in a Winter Slip & Fall Case?

By

Slip and Fall Expert Witnesses

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

Man Dies From Asbestos Brake Dust Found in Bowling Balls

By

Asbestos Expert Witnesses

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

Battle of Voting Experts in Gerrymandering Trial

By

Voting Expert Witnesses

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

Recall and False Marketing Within Toy Company

By

Sleepers Expert Witnesses

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

Can a Trade Secret Damages Expert’s Testimony be Denied?

By

Trade Secret Expert Witnesses

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

Expert Intervention In Bus Accident Investigation

By

Bus Accident Expert Witnesses

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

Audit Standards of Review for Attorney Fees

By

Attorney Fee

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

Gender Discrimination In The Workplace

By

Gender Discrimination Expert Witnesses

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

Inadequate Design and Warning Labels for Medication

By

Product Liability Expert Witnesses

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

Can a Plaintiff Recover Expert Fees if She Didn’t Prevail on All of Her Claims?

By

Disability Expert Witnesses

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

Litigation over Vertical Mergers: 2019 Outlook

By

Vertical Merger Expert Witnesses

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

The College Scandal: Civil Fallout

By

College Scandal

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

Expert Witnesses, Required Disclosures, & Privilege

By

Employee Stock Ownership Plan (ESOP) Expert Witnesses

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

Can a “Hybrid” Liability Expert Testify in His Law Firm’s Own Malpractice Case?

By

Hybrid Liability Expert Witness

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

Economic Expert Witnesses and Patent Infringement

By

Patent Expert Witnesses

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

Biometric Privacy Litigation: An Update from Illinois

By

Biometric Privacy Litigation Expert Witnesss

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

A Challenge to Expert Testimony & Establishing Damages

By

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

Is a Nuclear Engineer Qualified to Opine on Materials Engineering in a Helicopter Crash Case?

By

Nuclear Engineer Expert Witnesses

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

Does a Client Who Testifies as an Expert Witness in His Own Case Waive Attorney-Client Privilege as to His Expert Testimony?

By

Attorney-Client Privilege

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

Multinational Automaker Under Investigation For Mechanical Defect

By

Automobile Defect Expert Witnesses

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

Patent Litigation & the Automotive Industry: Forecasts

By

Automotive Industry

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

Attorneys as Expert Witnesses: Fifth Circuit Perspectives

By

Attorney Expert Witnesses

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

Torts & Product Liability: Consolidated Litigation Trends

By

Torts Expert Witnesses

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

Product Liability Experts Judgement on Causation Analysis

By

Product Liability Expert Witnesses

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

Can a Construction Cost Expert Testify to Facts He Observed While Working?

By

Construction Cost Expert Witness

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

The Federal Rules & Experts: Preclusion of New Testimony

By

FRCP Expert Witnesses

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

Unfair Business Practices and Civil Penalties

By

Privacy Expert Witnesses

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

Can an Environmental Expert Testify on TCLP in a Sewage Discharge Case?

By

Environmental Expert Witnesses

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

Failure Analysis Litigation Regarding Tire Failure

By

Tire Failure Expert Witnesses

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

Arizona Woman in Long-term Care: #MeToo Implications

By

#MeToo

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

Patent Licensing Between Various Telecommunication Equipment Companies

By

Licensing Expert Witnesses

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

Litigation & California Forest Fires: Part III: Construction Litigation

By

Construction Defect Expert Witnesses

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

A Recent Court Ruling & Expert Witness Admissibility

By

Expert Witness Admissibility

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

Expert Witness Disclosures & Deadlines: Takeaways from a Federal Court

By

Expert Witness Disclosure

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

The Role of Unfair Competition Experts in False Advertising

By

Unfair Competition Expert Witnesses

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

Expert Witnesses Role in Appraising Intangible Assets

By

Appraisal Expert Witnesses

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

Litigation & California Forest Fires: Part I: Securities Litigation

By

Securities Litigation Expert Witnesses

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

Can an Arborist Expert Opine on Soil Compounds?

By

Arborist Expert Witnesses

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

On What Issues is an Urogynecologist Allowed to Testify in Surgical Mesh Litigation?

By

Urogynecology Expert Witnesses

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

Cannabis & Patents: Experts Hold the Key

By

Cannabis Patent Expert Witnesses

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

Are Sanctions Appropriate When a Party Fails to Disclose an Expert?

By

Washington Expert Witnesses

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

Ride-Hailing App Company Sues Former Employees for Taking Confidential Records After Leaving the Company

By

Contract Dispute Expert Witnesses

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

Las Vegas Hotel Negligence Lawsuit

By

Personal Injury Expert Witnesses

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

Motorized Scooter Lawsuits: Benefits & Consequences

By

Motorized Scooter Lawsuits: Benefits & Consequences

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

Wind Farm Noise Pollution Litigation and the Use of Acoustical Engineering Expert Witnesses

By

Acoustical Engineering Expert Witnesses

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

Can a Court Consider a City Engineering Expert’s Formula for the Cost of a Public Improvement When It’s Not Disclosed Pre-Trial?

By

Iowa Expert Witnesses

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

Can an Expert Contradict Himself When Testifying?

By

New York Expert Witnesses

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

When Should You Consult With a Product Liability Expert Witness?

By

Product Liability Expert Witnesses

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

New Florida Legislation & its Impact on Construction Litigation

By

Construction Litigation Expert Witnesses

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

A Pipeline, West Virginia & a Legal Controversy

By

Mountain Valley Pipeline (MVP) Expert Witnesses

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

Are Credit Card Fees Unfair to Retailers?

By

Credit Card Fees Expert Witnesses

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

Jury Instruction on Testimony Explained by WI Court

By

contract dispute expert

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

Copyright Infringement for Popular Video Game?

By

copyright infringement expert

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

Could a Hoyer Lift Prevent Accidents?

By

Hoyer Lift Expert

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

Could a Hoyer Lift Help Prevent Accidents?

By

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

Proposition 65 Litigation: Trends & Experts

By

coffee expert

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

Did a Failed Inspection Cause Roller Coaster Derailment?

By

Roller Coaster Expert

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

Antitrust Litigation: What to Consider

By

Antitrust Litigation Experts

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

Handwriting Expert Critical in Dispute

By

Handwriting Expert

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

Hurricane Litigation: A Legal Storm is Brewing

By

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

Accounting Expert in Case Against Gift Card Company

By

Accounting Expert

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

A Truck Accident Calls Training Into Question

By

Truck accident expert

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

Liability for Digital Currency Theft

By

Bitcoin Expert

  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

Power Line Injury Sparks Expert Dilemma

By

Power Line expert

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

Stock Option Lawsuit Sparks Controversy

By

Stock option expert

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

A Supreme Court Decision: E-commerce & Taxation

By

E-commerce

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

Lack of Warning Label Leads to Crane Accident

By

Crane Accident

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

Asbestos in Baby Powder Leads to Suit

By

Asbestos expert

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

Standing in Data Breach Cases & Expert Witnesses

By

Data Breach Experts

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

Duck Boat Tragedy in Missouri

By

Duck Boat

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

The NFL Players Association Grievance & Expert Witnesses

By

Football League Experts

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

Diner Contracts Salmonella

By

Salmonella expert

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

An Oil Spill in Iowa Due to Train Derailment

By

Oil Spill

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

Judge Rules on Experts in Roundup Cancer Case

By

Admissibility Experts

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 Recent Supreme Court Ruling & the Future of Unions

By

Union Experts

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

Warehouse Workers Strike Against Low Wages

By

Minimum Wage

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

Trademark Infringement Case: A Battle for “Sports Fuel”

By

Trademark Infringement Experts

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

Copyright Law & Web Content: Protections & Guidelines

By

Copyright Experts

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

Mergers & Acquisitions: A Recent Ruling Demonstrates the Need for Experts

By

Mergers & Acquisitions Experts

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

Class Certification & Expert Witnesses: Recent Trends

By

Class Certification

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

Safety Concerns Ignored in Helicopter Crash

By

Cockpit helicopter - Instruments panel. Interior of helicopter control dashboard, Heli on the ground.

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

Ethical Issues for Attorneys & Expert Witnesses

By

Attorney working in courtroom

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

Cannabis: Legalization, Legislation, & Civil Litigation

By

Cannabis Legalization Expert

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

Court Considers Reasonableness of Expert Fees in Workers’ Compensation Case

By

Expert Fees

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

Potential Changes to the Standards of Expert Testimony in Florida

By

Standards of Expert Witnesses

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

Federal Judge Asked to Dismiss Copyright Infringement Case

By

Copyright Infringement Experts

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

Federal Preemption Raised in Admission of Railroad Liability Expert’s Opinion on “Spillover Electricity”

By

Railroad with electric power

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

Can an Environmental Engineer be a Non-Reporting Expert on Some Issues and a Reporting Expert on Others?

By

Judge gavel with Justice lawyers, Businessman in suit or lawyer working on a documents. Legal law, advice and justice concept

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

Pharmacology Experts Vital in Johnson & Johnson Talc Lawsuit

By

Talcum powder on hand

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

Immigration Litigation in California: The Issues

By

US passport and legal gavel on a copy of the US Constitution signifying immigration litigation

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

Increasing UAV Accidents Call For Drones Expert Witnesses

By

Drone is taking off from man hands. Young man releasing aerial copter to fly with small digital camera.

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

Sports Betting ,The Supreme Court, & Legal Implications

By

Sports Betting Experts

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

Accident Reconstruction Expert’s Opinion on Driver’s Habits at Issue in Florida Case

By

An overturned truck on an highway in an accident.

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

Artificial Intelligence & The Law: Pros and Cons

By

3d rendering artificial intelligence brain or ai brain

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

Military Expert’s Opinion Scrutinized in Cases Concerning Bolivian Conflict

By

operator stands with arms and looks forward

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

Patent Eligibility Confusion & the Need for Experts

By

Intellectual Property Patented stamp illustration

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

Can an Expert be Replaced if He’s Unavailable for Trial?

By

Two Forensic Pathology Experts Having Meeting In Hospital Reception Area

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

Maryland Court of Appeals Explains “Disclosure” under Rule 5-703(b)

By

Inside Court of Appeals with a Lawyer

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

California Groundwater: Regulations, Legal Issues, & Experts

By

Agricultural irrigation system with a well of water, for the cultivation of corn and beet during the summer.

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

Computer Forensics Expert Critical to Waymo’s Settlement

By

Hands on Computer Analyzing Computer Data

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

The Florida School Shooting & 3 Potential Legal Implications

By

School back pack with handgun, school shooting concept

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

A Guide for Bankruptcy Litigators in Using & Challenging Expert Witnesses

By

Bankruptcy Law Experts

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

Election Expert’s Testimony Admitted in Voting Case

By

Election or referendum in United States. Election expert witness holds envelope in hand above ballot. USA flags in background.

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 White Sox Player Sues Team for Negligence

By

Closeup low section of a baseball player injured

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

CPA Not an “Expert” in Financial Fraud Case

By

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

Largest and Most Complex Automotive Recall in U.S. History

By

Car Recall Maintenance. Automotive Recall Concept. Technician Preparing Vehicle For the Repair.

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

Medical Negligence Case: Patient Receives Infection After Oral Surgery

By

Oral Surgery Experts

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

Drone Incidents and Near-Misses at Airports

By

Drone equipped with camera flying in the air

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

The Digital Pill Presents Privacy Issues

By

Chip on pill with medicine box.

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

Arizona Supreme Court Explains Application of Rule of Evidence 615 to Expert Witnesses in Med Mal Case

By

Rule of evidence 615 experts

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