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
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
The plaintiff fell and suffered injuries while aboard the S.S. Altair, a public vessel owned by the United States Maritime Administration. Plaintiff was a 54-year-old employee of an iron works company who was inspecting the vessel for his employer’s bid on repair work. During the vessel “walkthrough,” Plaintiff arrived at a stairwell leading down to … Continued
Cases against the e-cigarette industry are piling up, and this trend is likely to continue, as more consumers are attracted to the products in that market. The cases are largely product liability cases, but other types also exist, and there are a number of implications for this explosion of cases. Discussion: As the National … Continued
An Atlanta artist brought a copyright suit and proposed that his wife be admitted as a damages expert for licensing fees, but the District Court for the Northern District of Georgia found her methodology to be unreliable. Plaintiff was commissioned to create a drawing (“Drawing “) of a restaurant for $125. When he completed the … Continued
Graco Children’s Products Inc. is recalling more than 25,000 car seats that might not adequately restrain children during a crash. The recall affects eight different models of the “’My Ride 65’” convertible car seats which were manufactured between May and August 2014. The National Highway Traffic Safety Administration announced that the webbing in these car … Continued
Introduction: One of the most difficult and stressful things a law firm may have to grapple with is what to do in the event of a data or security breach. These breaches are fairly inevitable, given the number of cyber criminals and attacks that are out there. However, the impact of such breaches can be … Continued
A clean tech startup entered into a license agreement with Plaintiff and Corporation. The agreement gave the startup license to manufacture products and use the intellectual property related to Plaintiff’s energy catalyzer technology without the harmful byproduct associated with nuclear reaction processes. Plaintiff accused Defendant of breaching a licensing contract for his technology. As part … Continued
Further scientific development of wine strains suggests that greater variation of these strains must be introduced in order to provide improved fermentation performance in wine making. Fortunately, recently published research demonstrates that genomic structural variants such as copy number variants provide substantial genetic diversity among wine yeast. More importantly, these findings suggest differences in yeast performance … Continued
Introduction: Whenever commercial construction takes place, the risk of an accident exists. With respect to accidents, investigations must occur, and “[d]evelopers, owners, tenants, general contractors, construction managers, subcontractors, and even insurance brokers and carriers each have a significant financial stake in the aftermath of a construction accident.” John Sparling, “Managing Risk in Construction Accidents: Why … Continued
Our commitment to helping improve people’s lives was once again recognized when ForensisGroup CEO & President Mercy Tolentino Steenwyk was presented with an award from the Youth Business Alliance (YBA). YBA is a non-profit organization working to help high school students living in underserved communities. Ms. Steenwyk was honored alongside several other chair members and partners … Continued
A plaintiff’s medical expert witness had to abruptly stop his testimony in order to provide medical aid to a juror that collapsed during a trial. As a result, the case was stopped midtrial with the granting of the pharmaceutical company’s motion for nonsuit. The medical expert and physician came off the witness stand and, with … Continued
Rail transportation in the US has increased with the increase in shipments of crude oil. The Federal Railroad Administration inspects 161K miles of track and publishes alerts when there may be a violation of rail transportation regulations. Nonobservance of these regulations may cause accidents with tragic results. The Associated Press reports that federal inspectors discovered … Continued
Introduction: In the past year, several different issues have emerged as being noteworthy in the investment field, according to the Securities and Exchange Commission (SEC). The SEC “held its annual SEC Speaks conference in Washington, DC on February 24 and 25, 2017, and provided an update on recent litigation trends, the current enforcement initiatives in … Continued
Debt collection agencies make it easier for businesses to manage their clients with delinquent accounts. The federal Fair Debt Collection Practices Act as well as individual states’ collection laws regulate the process. Even so, debt collection agencies may be charged with illegal practices. The Colorado Attorney General’s office investigated and shut down such an agency. … Continued
A second-hand carbon fiber archery arrow made by Manufacturer broke and impaled the webbing of Plaintiff’s hand after he drew and released the arrow from his bow. He sued for strict and negligent product liability, breach of warranty, and a violation of Kentucky’s Consumer Protection Act. He contended Manufacturer provided an inadequate warning of the … Continued
Plaintiffs owned a jewelry business from the mid-1990s until 2009 when the company was dissolved and the store closed. The state received an anonymous tip from someone identifying themselves as an employee of the jewelry business, who indicated that the company was “committing fraud, the owners are hiding sales, cash sales are not reported, cost … Continued
Introduction: The world of intellectual property litigation and patent valuation can be a murky one—it is hard for the law to keep up with technology, and many issues arise when trying to determine damages and what profit formulas are appropriate. One law professor has just developed a new system for evaluating patents and their value, … Continued
By: Expert No. 353399, ASP, CHMM, CET, CHCM, CHST, B.Sc. Abstract: Falls through skylights continue to plague roofing construction, as injury and wrongful death cases rise. Roofing contractors are required per OSHA regulations and the standards of care to protect workers. Skylights must be shielded with covers, screens, or protective barriers before commencing work. Unprotected … Continued
Introduction: In December of 2016, the United States Supreme Court agreed to hear a case that is “a challenge…to venue rules for patent cases [that] has the potential to upend patent litigation as we know it.” Ryan Davis, “Patent Litigation Trends to Watch In 2017,” Law 360, Jan. 2, 2017 at https://www.law360.com/articles/876203/patent-litigation-trends-to-watch-in-2017 (last visited Apr. … Continued
The estate of a woman filed a wrongful death lawsuit against her doctor, a New York mail-order pharmacy, and a pharmaceutical company. The woman was given Subsys, a fast-acting opioid fifty times more potent than heroin. Fifteen months later, she was found dead in her home. The pharmaceutical company makes Subsys, a brand-name version of … Continued
In 2016 a New York Attorney General’s office investigated internet service providers over failing to deliver the connectivity speeds they promised. Earlier this year, the office sued Charter Communications and its subsidiary Spectrum, formerly known as Time Warner Cable. Spectrum-Time Warner Cable has 2.5 million subscribers in New York and the AG’s office has received … Continued
Introduction: Environmental litigation is fairly common in many cases. A particular phenomenon brought about by fossil fuels or greenhouse gases is alleged to have caused a certain type of injury and damages are sought. Many companies have been the targets of such lawsuits. Some states have even been defendants. What was unchartered territory, until recently, … Continued
By: Expert No. 353399, ASP, CHMM, CET, CHCM, CHST, B.Sc. Abstract: Roofing trade chemical products expose workers to significant safety and health hazards on the job. Single-ply roofing, a sub-specialty category, routinely uses highly-flammable and toxic materials (adhesives and solvents) during installation. Depending upon use, these products have the potential to expose workers to dangerous levels of … Continued
U.S. Magistrate Judge Thomas B. Smith recently decided a Cruise Company’s Motion to Strike a plaintiff’s expert, or in the alternative, to compel better expert disclosures and motion for stay of its expert disclosure deadline. Plaintiff complained that while employed as a crew mess attendant aboard Defendant’s cruise ship, he was injured due to Defendant’s … Continued
Introduction: Workplace litigation has changed and been molded by the U.S. Supreme Court during 2016 and 2017. In fact, “[t]he environment for employment litigation has more than ever been shaped by Supreme Court judges and settlements for wage and hour class actions rose in 2016 while those for other employment-related claims fell, according to a … Continued
An open and fair work environment is stipulated in Title VII of the Civil Rights Act of 1964. The Act protects individuals from gender discrimination. It states “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition … Continued
Introduction: On both a statewide and national level, the National Football League (NFL) has been inundated with workers’ compensation claims by professional athletes who sustain serious injuries from play. See, e.g., Kiannah Sepeda-Miller, “Illinois bill would rein in pro athletes’ worker comp claims,” The State Journal Register, Feb, 20, 2017. In Illinois, for example, the … Continued
President Donald Trump’s nomination of Judge Neil Gorsuch to the Supreme Court has opened the floodgates of questions of where the Tenth Circuit Judge stands on important issues. One of those is how the judge interprets precedent on the issue of expert witness testimony. A review of some of his recent opinions gives some indication … Continued
By: Expert No. 353399, ASP, CHMM, CET, CHCM, CHST, B.Sc. A breaking news story conveys tragic results of yet another confined space fatality incident. With increases in industrial and construction activity, entry into confined space has become a more frequent workplace task. Fatality statistics indicates that over 60 percent of rescues in confined space result in a … Continued
A settlement has been reached in the class-action lawsuit brought against a social networking company regarding their customer’s private electronic information. The world’s largest social network was charged with scanning its users’ private messages for advertising purposes. Plaintiffs filed the class action complaint in the US District Court for the Northern District of California citing violations of … Continued
Introduction: It’s something that is on nearly everyone’s minds these days, something that has affected everything from credit cards to political conventions: cyber attacks. Quite simply, people are rightfully concerned about how and when their own and government data will be hacked and misused, and the law must play some role in helping. Three bills … Continued
A shipbuilding company and a port commission brought this suit against a company that performed soil stabilization work for a large shipbuilding facility in Louisiana. The troubles started when the soil stabilization work began to fail. This litigation against Defendant was brought, inter alia, for breach of contract and negligent failure to warn under Louisiana … Continued
The Consumer Electronics Show in Las Vegas and the Detroit Auto Show unveiled the latest in driverless vehicles, also known as autonomous, automated or self-driving cars. Automakers and technology companies have spent millions of dollars in the development and testing of this transportation innovation. In consequence, the technology behind driverless vehicles is competitive and highly … Continued
Chemical fires and explosions experts analyze data to determine the source of accidents and report these findings to the court. They are trained to consult in litigation following an explosion and opine on the cause of the accident. A Louisiana jury assigned responsibility for a 2013 chemical plant explosion that killed two and injured 167 … Continued
The Fourth Circuit recently reviewed a claim under the Latham Act for the promotional efforts undertaken by Defendant to market its new .xyz domain. Plaintiff sold internet domain names and operates .com and .net top-level domains. In 2014, Defendant, a competitor, then launched “.xyz,” a new top-level domain, and began registering domain names ending in … Continued
Patients with bone, joint or ligament injuries and diseases rely on orthopedic surgeons for medical care. These professionals repair and replace bones, joints, and nerves to improve the musculoskeletal system. When allegations of medical negligence are filed against these doctors, the orthopedic surgery expert witness is called in to consult and opine on whether the … Continued
Defamation experts analyze allegations of slander (spoken statements) and libel (written statements) to determine if defamation of character or reputation has occurred. To win a defamation case, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to … Continued
Introduction: The future has, in many people’s minds, always included the idea of a car that can drive itself, and that future has arrived. As with any new technology, there are legal questions that often arise, in part because technological advances often outpace the speed of legislation. Legal analysts have raised concerns about how and … Continued
Judge Jeffrey J. Clark in Delaware Superior Court recently ruled on a motion in limine on the admissibility of an expert’s report at trial. Plaintiff, a tenant, brought a personal injury action for damages he sustained when he fell through a hole in the residence that he previously rented from the Defendant landlords, but Defendants … Continued
In November 2012, the claimant, an investigator with the City District Attorney’s Office, suffered an ischemic stroke at his residence. He filed a claim for workers’ compensation benefits. After a hearing, a workers’ compensation law judge found that his stroke was causally related to his employment and awarded benefits. However, upon review, the Worker’s Compensation … Continued
Introduction: The past few years have seen a rise in legal controversies arising over the labeling of foods and genetically modified organisms (GMOs) in particular, and this year is no exception. In fact, one company is already being sued over its claim that its product is “100% natural.” See, e.g., Mateusz Perkowski, “GMO vegetable oil … Continued
Construction defect claims in brand new homes have been on the increase. In the news, ABC stations nationwide broadcast the article Investigation: New Home Heartbreak last fall. The investigation found “poor workmanship and failure to honor a warranty topping the list of common gripes against builders.” DR Horton, the largest homebuilder in the US, was … Continued
Plaintiffs in an action for damage to an oil company’s flowlines and pipelines from a hurricane sought to prevent the introduction of testimony from three experts with respect to hurricanes or storms beyond the parameters discussed at a pre-trial conference. Plaintiffs sought to exclude “any testimony concerning hurricanes/storms by any witness, including, but not limited … Continued
One of the world’s largest suppliers of automotive safety-related equipment, agreed to plead guilty to fraud and pay a total of $1 billion in criminal penalties stemming from the company’s fraudulent conduct in relation to sales of defective airbag inflators. An indictment was also unsealed charging three Takata executives with fraud and conspiracy in relation … Continued
Introduction: In 2015, the Environmental Protection Agency (EPA) released its final statement that defined the term “waters of the United States” (WOTUS). See, e.g., Environmental Protection Agency, “Clean Water Rule Litigation Statement,” Oct. 123, 2016, at https://www.epa.gov/cleanwaterrule/clean-water-rule-litigation-statement (last visited Jan. 18, 2017). This definition was intended to pertain to the Clean Water Act (CWA), and … Continued
U.S. District Judge Susan Richard Nelson in Minnesota recently determined the extent to which the attorney-client privilege protected a law firm’s preparations with an employee/expert under Rule 26(a)(2)(B). At the heart of this dispute was Plaintiff’s decision to designate a non-reporting, testifying expert witness pursuant to Rule 26(a)(2)(C). The individual was a named inventor on … Continued
Since the Federal Aviation Administration (FAA) recently loosened regulations for the commercial use of drones, a host of legal questions have arisen. See C. Ryan Barber, “The New Drone Regulations: Three Things Companies Need to Know,” Law.com, Aug. 29, 2016. Almost as soon as the FAA’s ruling was issued, an organization supporting electronic privacy filed … Continued
A child, Z.H., was born in 2003 in Ohio with several severe birth defects allegedly caused by his mother’s use of Anti-epileptic drugs (“AEDs”). The anti-epileptic drug in question was formulated, tested, manufactured, and marketed by Defendant drug company during her pregnancy. As part of that case, the U.S. District Court for the Northern District … Continued
Federal and state statues are in place to regulate workplace policies and provide employee protection. These laws make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. Businesses contracting … Continued
What areas may product liability experts consult on? These professionals investigate and report on product failures including design defects and mechanical failures. Unfortunately, design flaws may result in serious injury or death. In the headlines, Ikea will pay $50M to the families of three toddlers who died after their dressers tipped over. The families brought … Continued
In 2016, 560 food recalls occurred, with one very recent recall taking place in December and potentially having consequences that extend into 2017 and beyond. See, e.g., Megan Leonhardt, “What Not to Eat: 9 of the Biggest Food Recalls of 2016,” Money Magazine, Dec. 9, 2016. In fact, according to one analyst, “The FDA recalled … Continued
A Ninth Circuit Panel of Judges Reinhardt, Tashima, and Paez heard the appeal of several taxpayers from the United States Tax Court’s determination of their tax liabilities. In 2007, the Taxpayer pled guilty to willfully making a false tax return for the year 2000 in violation of 26 U.S.C. § 7206(1). In his plea agreement, … Continued
The Justice Department has charged two former New Jersey pharmaceutical company executives with price fixing on generic drugs. Prosecutors named Jeffrey Glazer, former CEO of Heritage Pharmaceuticals, and Jason Malek, a former VP, as defendants in an antitrust lawsuit filed in the United States District Court, Eastern District of Pennsylvania. In United States v. Jeffrey … Continued
The environmental impacts of fracking have been an issue and legal controversy for years. However, two new developments indicate that fracking litigation is not only likely to increase, but these developments call into question how such cases will be resolved. Specifically, the Environmental Protection Agency (EPA) has issued a statement that fracking contaminates drinking water. … Continued
A nuclear engineering expert testified in the Department of Justice case that resulted in the recent $125M settlement against contractors Bechtel National and AECO. In 2013, whistleblowers who were managers at the Hanford nuclear reservation in Washington State brought allegations of nuclear quality violations and misuse of taxpayers’ money. Since 2002, the Department of Energy … Continued
The Appellate Division of the New York Court of Appeals was asked to review a trial court’s decision to deny as untimely plaintiff’s motion to preclude the testimony of defendant’s cause of death expert on the grounds that the CPLR 3101(d) disclosure statement was deficient. The decedent entered Defendant’s hospital with symptoms of pneumonia and … Continued
Once lawsuits begin to involve multiple plaintiffs, even the savviest attorneys may have some difficulty determining whether a particular case belongs in the category of a mass tort or class action. In fact, many legal sources have made this difficulty even more puzzling by using the terms interchangeably, and “some mass torts claims are filed … Continued
Building fires expert witnesses are knowledgeable in the area of fire cause and origin and are qualified to provide critical analysis of evidence to determine what led to a fire. They examine fire patterns, witness statements, aerial photography, and the amount of damage to determine the ignition source. In the news, a deadly fire claimed … Continued
Pollution experts monitor industries that risk producing and releasing pollution into groundwater, fresh water, and oceans. Pollutants can have devastating health and environmental consequences resulting in litigation. In a recent case, Princess Cruise Lines will pay a $40M fine for “deliberate pollution of the seas and intentional acts to cover it up.” An engineer on … Continued
In civil litigation, many lay people are unaware of the fees that the average expert witness charges to work on a specific case. Moreover, prevailing litigants often wonder whether they can recover such fees from their opponents. This article examines the range of expert witness fees for civil litigation and addresses the issue of whether … Continued
The Tenth Circuit Court of Appeals just heard an appeal in a case dealing with the handling of a claim under policies providing underinsured-motorist coverage in which an insurance expert’s testimony helped shape the outcome. The tortfeasor in this action bought his fiancée a van for her 50th birthday, and in celebrating her birthday and … Continued
Recently, a group of individuals filed a class action lawsuit against a large fast food chain, alleging that they were injured by a pattern of deceptive advertising. See, e.g., Tribune Media Wire & Chris Wolfe, “Los Angeles-Area Customers Sue Chipotle Over ‘300-Calorie’ Chorizo Burrito,” KTLA.com, Nov. 22, 2016. According to the plaintiffs, the food retailer … Continued
What areas may construction experts consult on? These experts are called upon to review many areas of construction litigation including construction defects, construction damages, structural analysis, and more. Homeowners in the San Francisco luxury Millennium Tower have filed a $500M class action lawsuit against the developer over the building’s excessive settlement and tilting. The homeowners’ association … Continued
