A Michigan plaintiff was injured when his car was struck by a vehicle driven by the defendant in a T-bone crash. Plaintiff brought a third-party case against Defendant and the owner of her car, combined with a first-party claim against Defendant Insurance Company. The third-party case was settled. At issue was the trial judge’s dismissal of Plaintiff’s first-party no-fault case … Continued
The U.S. District Court for the District of South Carolina recently heard a case that arose out of the construction of a pipeline running from Kiawah Island to Johns Island (“the project”). Defendant Utility, the owner of the project, entered into a contract with Plaintiff to construct the pipeline. The project consisted of using horizontal directional drilling (HDD) to bore an … Continued
When should you consult with a deceptive advertising expert? Deceptive advertising and false advertising expert witnesses evaluate the use of confusing, misleading, or untrue claims made by manufacturers in the promotion of their products. These experts are well informed on state and federal laws protecting consumers from deceptive product claims, especially those that could be harmful to consumers. In a recent case, the plaintiff alleged that the word “diet” … Continued
Do you always need an expert witness in a wrongful death lawsuit? A wrongful death claim is filed by a representative on behalf of survivors, also termed “real parties in interest.” Wrongful death plaintiffs seek monetary compensation for their loss. A lawsuit for a wrongful death may be filed by the executor or administrator of the estate or by individual beneficiaries such as … Continued
A recent class action in Wisconsin alleged that the defendant marketed its dog food as being natural and of high-quality and sold them at a premium price, when their advertisements were misleading at best—meaning that the products’ price was unfairly inflated. Defendants filed a motion for summary judgment, seeking dismissal of the entire case, and Plaintiff filed his own motion for class certification. The parties also … Continued
A New Jersey Appellate Division panel of Judges Fisher, Accurso, and Rose recently rendered a per curiam decision affirming a trial court’s decision to exclude several expert witnesses in litigation that consisted of thousands of cases filed by plaintiffs who alleged they developed inflammatory bowel disease (IBD) in the form of ulcerative colitis or Crohn’s disease as a result of their use of Accutane (isotretinoin). In 2015, the trial … Continued
The expert testimony of a medical billing analyst was at issue in a recent case in the Southern District of Illinois. In January 2016, the plaintiff was driving when his vehicle collided with a semi-tanker driven by the defendant. Plaintiff alleged that as a result of the accident, he suffered a traumatic brain injury, and he filed suit seeking, among other damages, compensation for future … Continued
Plaintiff, licensed dental hygienist, appealed the district court’s grant of summary judgment in favor of a law firm on Plaintiff’s claims that included legal malpractice. Plaintiff claimed that the law firm’s advice caused her to lose her job. She argued, inter alia, that the district court erred and that no legal malpractice expert testimony was required to create a material issue of fact regarding Defendants’ alleged breach of the standard of … Continued
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The plaintiff in a recent Michigan case brought an action raising claims under provisions of the Michigan Vehicle Code. Plaintiff sought future wage loss damages stemming from a collision between her vehicle and a commercial trailer operated by Defendants. Plaintiff was a 48-year-old Ohio woman. Her vehicle and a commercial trailer operated by Defendants … Continued
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
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
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
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
Before accepting work from a particular client, it is important for experts to prepare a retainer agreement to set forth how invoicing will be conducted and which kind of retainer to use. A retainer is any amount a client pays upfront to secure professional services. In many cases, the upfront fee can be very high … Continued
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
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
In an insurance subrogation matter, Plaintiff Insurance Company appealed from an order barring its expert’s reports and testimony and granting summary judgment to Defendant. Defendant was a fuel oil company that provided fuel for the oil-fired furnace located in a home and also serviced the furnace in that home for many years. Defendant’s service technician … Continued
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Florida Supreme Court has reversed its position on the standard for expert testimony, adopting the Daubert standard, and reversing its previous decision to keep Frye. The majority held in a per curiam opinion: We now recede from the Court’s prior decision not to adopt the Legislature’s Daubert amendments to the Evidence Code and to retain the … Continued
Two industrial sites in Illinois were found to have significant amounts of groundwater contamination related to their operations. When the owner’s insurer refused to indemnify, the owner sued. The case turned on testimony from an expert witness, who was excluded by the district court because he didn’t use reliable methods. The site owner operated two … Continued
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
In the 11th Circuit, a per curiam decision from a panel of circuit judges found that in the absence of any evidence from which the jury could have eliminated other equally probable causes of the plaintiff’s injuries, the district court correctly determined that she wasn’t entitled to rely on the doctrine of res ipsa loquitur … Continued
Plaintiff appealed from the trial court’s grant of summary judgment for his landlord, and dismissal with prejudice of his complaint alleging negligence in failing to clear ice on a sidewalk on which Plaintiff slipped and fell at the apartment complex. Judges Francis J. Vernoia and Scott J. Moynihan wrote in their per curiam opinion that Plaintiff alleged that he slipped and fell on an icy walkway in the apartment complex on January 18, 2015 at approximately 1:00 p.m. and … Continued
A plaintiff in a Connecticut negligence action appealed from the judgment of the trial court, claiming that the court abused its discretion when it didn’t allow her expert witness to testify as an expert in snow removal. This was in connection with injuries she sustained when she slipped and fell on a patch of snow … Continued
On April 19, 2019, a Los Angeles Superior Court jury awarded $4,397,716 to a family after finding an American multinational conglomerate company 40% liable for the death of a family member due to mesothelioma. This family member co-owned bowling ally in Los Angeles from 1957 to 1986. He died in 2013 after years of drilling out finger holes in asbestos … Continued
The League of Women Voters of Michigan (“League”), its members, and several Democratic voters brought suit against the Michigan Secretary of State, alleging that the state’s current legislative apportionment plan (the “Enacted Plan”), violated the Plaintiffs’ Fourteenth Amendment equal protection rights and First Amendment free speech by deliberately discriminating against Democratic voters. Plaintiffs initially sought … Continued
How does a product safety expert witness enhance your case? In the event of an injury, product safety experts analyze and provide testimony to the court on whether product design and/or manufacturing are at fault or whether injury was caused by misuse of the product. Product safety applies to virtually every product made for business … Continued
An expert’s testimony was in dispute in a case concerning a logistics company that specialized in the export of forest products. It operated from the Inland Port of Virginia (VIP). Leading up to its creation, Plaintiff‘s founders conducted research about transportation inefficiencies in the forest products market. Specifically, they found that the industry’s reliance on … Continued
The Eighth District Court of Appeals for the State of Ohio has upheld a $30M judgment to the bus passenger against the transportation line. The Plaintiff was one of 43 passengers injured in a 2013 crash on a Pennsylvania highway. A fellow passenger died in the crash when the bus driver fell asleep at the wheel. Plaintiff … Continued
By Expert No. 505517, LPCS, RPA In conducting a legal fee audit, the framework of the analysis considers three basic standards: the rules of professional services provided by the California Bar, the retainer agreement and applicable court standards. Those three standards reflect a balance between the interests of the attorney’s client and the economic interests … Continued
What is the function of an expert witness in litigation? The court system, as well as plaintiffs and defendants, rely on an expert witness’s specialized knowledge to analyze the facts of a case and offer an unbiased opinion. In gender discrimination litigation, expert witnesses educate the jury on matters of employee discrimination, employee relations, employee … Continued
In a 2018 case, a defendant moved to exclude the expert testimony of a police procedures expert based on a police report. U.S. District Judge Kimberly J. Mueller wrote in her opinion that under Rule 703, an expert may base an opinion on facts or data, regardless of admissibility, that are reasonably relied upon by … Continued
On March 25, 2019, two pharmaceutical companies entered into a $775M settlement in 25,000 lawsuits alleging patients were not adequately warned about the risks of a blood thinner product. This product is a medicine used to prevent and treat blood clots in legs or lungs and to prevent strokes in people with irregular heartbeats. Rxlist.com describes the medication and its side … Continued
After a three-day trial, a jury determined that in terminating Plaintiff’s employment, the defendant employer discriminated against her because of a disability. Further, Defendant interfered with her right to take family medical leave. The jury declined to award Plaintiff damages on the discrimination claim, but awarded her $15,000 in back pay on her family medical … Continued
Introduction: In June of 2018, a trial was held in which the U.S. Department of Justice (DOJ) sued to block the acquisition of a news and entertainment company by a telecommunications entity. See, e.g., Dee Bansal et al., “Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come,” JDSupra, Jan. 10, 2019, … Continued
Introduction: In mid-March, federal prosecutors revealed that they had uncovered evidence of a massive collegiate cheating scandal, which involved some fifty people “cheating on standardized tests or bribing college coaches and school officials to accept students as college athletes — even if the student had never played that sport.” Holly Yan, “What we know so … Continued
Introduction: In late January, an Ohio federal court addressed a motion to compel additional information about a testifying expert witness to be disclosed. See Acosta v. Wilmington Tr.,N.A., Case No. 1:17-CV-1755. (N.D. Ohio 2019). The court was asked to require the expert to reveal specific information pertaining to prior work he had undertaken. See id. … Continued
In a patent infringement suit, the defendant asked the judge to compel the production of all documents that it subpoenaed from the plaintiff’s damages expert witness, and that such production be made at least four days prior to submission of Defendant‘s rebuttal damages report. Defendant also sought an order that the expert appear for two … Continued
Last fall, in a lawsuit concerning a land-sale transaction, Defendants disclosed two witnesses whom they claimed would provide “hybrid” expert testimony. The defense witness at issue was the founder and managing partner of a law firm (“Partner”). Plaintiff sought to exclude him as a “Hybrid” liability expert. Plaintiff argued that he wasn’t a true “hybrid” … Continued
A magistrate in the Southern District of Florida heard two motions arising from a slip-and-fall incident onboard a cruise ship and used his wit to dispose of them. In January 2017, Plaintiff entered his cabin’s bathroom, steeped in water that allegedly was present on the tile floor due to a leaking pipe, and slipped. He … Continued
What is the role of an economics expert witness? These professionals are experienced in business valuation, damage calculation, profit and loss, lost earnings, and other aspects of business finance. In the realm of intellectual property patents, it is often difficult to assign a monetary value to assets. In patent infringement conflict, the determination and evaluation … Continued
Introduction: Biometric privacy litigation has seen an uptick in recent years, and the media has often focused on Illinois because of a distinctive state law. See, e.g., Illinois Bar Journal (IBJ), “Illinois’ biometric privacy law back in the news,” Dec. 2017, Vol. 105, No. 12, p. 13. A February 2019 Illinois Supreme Court decision may … Continued
Introduction: In 2017, the Fourth Circuit heard an appeal from a trial that involved a challenge to expert witness evidence. See Bresler v. Wilmington Trust Co., 855 F.3d 178 (4th Cir. 2017). The defendant-appellant argued that the district judge “erred in admitting testimony from the plaintiffs’ expert witness,” and “the jury verdict… and…additional terms of … Continued
A helicopter manufacturer appealed a jury verdict in a products-liability action awarding the plaintiffs $21M in damages. The case stems from a 2013 air ambulance crash in Kentucky that claimed the lives of a three-person flight crew, including the pilot, the flight nurse, and the flight medic. The helicopter sustained a catastrophic series of events … Continued
The Texas Supreme Court recently heard a mandamus petition concerning expert testimony and attorney-client privilege. The City purchased a commercial windstorm policy from the client insurance company. In the underlying litigation, the City alleged that the client hadn’t paid all it owed under the policy for property damage caused by Hurricane Ike. The dispute here … Continued
An automobile company recalled nearly 1.5M trucks that could downshift without warning and cause owners to crash. The February 13, 2019, announcement includes 2011-13 vehicleswith 6-speed automatic transmission. The automobile company states that one of their vehicles could experience a problem when sending a signal from the transmission speed sensor. MotorTrend.com describes the problem: The automobile company is … Continued
Plaintiff appealed from summary judgment in favor of Defendants in her personal injury case. The motion judge found that Plaintiff failed to demonstrate a permanent condition satisfying the requirements of the verbal threshold statute in New Jersey or a causal relationship between that condition and the accident that was the subject of suit. Plaintiff was … Continued
Introduction: Typically, the automotive industry has seen fairly little patent litigation, in stark contrast to other areas, such as the pharma and consumer electronics fields. See Michael Summersgill & Arthur Coviello, “3 Trends That Could Lead To More Patent Auto Litigation,” JDSupra, Dec. 26, 2018, at https://www.jdsupra.com/legalnews/3-trends-that-could-lead-to-more-auto-48832/ (last visited Feb. 12, 2019). Some attorneys have speculated that … Continued
Introduction: In January, a federal district court heard a motion to exclude an expert witness in a case involving a family business dispute. See Patel v. Patel, Case No. CIV-17-881-D (W.D. Okla. Jan. 4, 2019). Of prime significance was the court’s role in addressing expert testimony and the reliability standard that applies under Federal Rule … Continued
Introduction: The qualifications of witnesses designated as experts are often in question, and in federal court, the Federal Rules of Civil Procedure (FRCP) and Federal Rules of Evidence (FRE) address these requirements. See, e.g., Kelley v. Smitty’s Supply, Inc., Civil Action No. 17-4711§S(3), (E.D. La. 2019). When the expert is an attorney, there may be an … Continued
Introduction: In the last few years, a number of torts, particularly in the product liability field, have arisen as consolidated cases with multiple plaintiffs as parties to one lawsuit See, e.g., Andrew D. Kaplan, “Crowell & Moring’s Litigation Forecast 2019,” Crowell & Moring, Jan. 9, 2019, at https://www.crowell.com/NewsEvents/Litigation-Forecast/2019/Articles/Torts-Watching-the-Growing-Multi-Plaintiff-Challenge (last visited Feb. 6, 2019). A great … Continued
When should you confer with a product liability expert witness? Product failure may be due to a mechanical breakdown, design defect, improper maintenance or other factors. It is often necessary to consult with an experienced product liability expert to determine how an accident occurred and who or what was at fault. On February 7, 2019, … Continued
A defendant recently sought to strike an insurance consumer survey report, along with an insurance expert’s testimony. The plaintiff designated the expert to serve as its expert witness to opine on the issue of confusion in the public with respect to the parties’ respective marks. Defendant’s primary argument was that the expert failed to comply … Continued
A Ninth Circuit panel vacated in part a district court’s judgment after a jury trial in favor of the defendants and remanded for a new trial in a copyright infringement suit alleging that Led Zeppelin copied “Stairway to Heaven” from the song “Taurus,” written by Spirit band member Randy Wolfe. The jury found that plaintiff … Continued
A judge in the Southern District of Florida was asked to hear a plaintiff’s motion in limine to exclude the opinion testimony of Defendant’s construction costs expert in a breach of contract case. This case involved work Plaintiff performed at an apartment complex under two subcontracts with Defendant (“Projects”). Defendant entered into the contracts with Plaintiff … Continued
Introduction: The Federal Rules of Civil Procedure (FRCP) require that when attorneys plan to rely on expert witness testimony, they disclose and designate their witnesses in a timely manner. See, e.g., FRCP 26(a)(2)(D)(i); See Sirois v. USAA, Case No. 3:16-cv-1172 (MPS), (D. Conn. 2019). In a recent lawsuit, a Connecticut district court discussed the test … Continued
The City of Los Angeles has sued to stop the operator of The Weather Channel’s mobile phone application from allegedly profiting from customer location data. On behalf of California residents, L.A. City Attorney Mike Feuer has charged TWC with unfair business practices including unfair competition and violation of privacy. The complaint alleges that TWC uses … Continued
A property owner appealed the district court’s summary judgments in favor of defendants dismissing its claims that arose from an alleged discharge of sewage contamination. A pond on Plaintiff’s property received runoff from a drainage ditch located on Defendants’ adjacent apartments in Baton Rouge, Louisiana. Plaintiff saw that the pond was bright green and cloudy, … Continued
Plaintiffs have filed more than forty lawsuits against a tire manufacturer accusing the company of selling defective tires. The tire manufacturer has facilities worldwide and annual sales of more than $15B. The lawsuits are a result of the manufacturer’s tires that burst on the highway. The tires were marketed to recreational motorhome manufacturers even though … Continued
Introduction: On December 29, 2018, an Apache woman who had been declared comatose for over a decade gave birth. See, e.g., Amanda Sakuma, “A woman in a vegetative state suddenly gave birth. Her alleged assault is a #MeToo wake-up call.,” Vox, Jan. 7, 2019, at https://www.vox.com/2019/1/7/18171012/arizona-woman-birth-coma-sexual-assault-metoo (last visited Jan. 21, 2019). The woman was in … Continued
The Federal Trade Commission v. Qualcomm Incorporated bench trial will begin January 14, 2019, in the U.S. District Court for the Northern District of California with Judge Lucy H. Koh presiding. Qualcomm is a multinational semiconductor and telecommunications equipment company that designs and markets wireless telecommunications products and services. It derives most of its revenue from chip making and the bulk of … Continued
Introduction: In recent years, wildfires ravaged much of California and damaged or destroyed thousands of buildings. See, e.g., James P. Koelzer, “Rebuilding from California wildfires will cause increase in construction-defect claims,” Lexology, Dec. 21, 2018, at https://www.lexology.com/library/detail.aspx?g=09ac5e97-1bba-478a-81c5-698482734950 (last visited Jan. 13, 2019). Part I of this series focused on a shareholder lawsuit regarding a decrease … Continued
Introduction: On January 11, a Utah federal district court considered several motions in limine pertaining to the admissibility of expert witness testimony. See Memorandum Decision and Order and Second Amended Scheduling Order (“Memorandum”), Dutcher v. Bold Films LP, Case No. 2:15-cv-110-DB, (D. Utah, Jan. 11, 2019). The judge was faced with motions by both parties … Continued
Introduction: Last October, the federal court for the Southern District of California considered a request to modify a scheduling order that concerned expert witnesses. See Order Granting in Part and Denying in Part Plaintiff’s Ex Parte Application to Modify the Scheduling Order and Issuing the Amended Scheduling Order (“Order”), Andreoli v. Youngevity, Int’l., Inc., Case … Continued
Amarin Pharma, Inc. sued Coromega Health Inc. for unfair competition and false advertising in the U.S.District Court, Southern District of California. Case 3:18-cv-02481-CAB-MSB was filed October 29, 2018, and centers around allegations of Coromega falsely advertising its fish oil supplement products as equivalent to Amarin Pharma Inc.’s prescription drug Vascepa. On November 10, 2018, Amarin … Continued
Introduction: In July of 2018, California firefighters battled a wildfire in the northern part of the state that was so severe it was declared to be half the size of Rhode Island by late August. See Aimee Pichi, “Verizon throttled firefighters’ ‘unlimited’ data during California fires, the lawsuit claims,” CBS News, Aug. 22, 2018, at … Continued
In a maritime negligence action, a plaintiff passenger appealed the district court’s order striking her expert witnesses. Plaintiff was a passenger on a cruise ship. While aboard, she went to an upper deck to get some ice cream. There was a video camera that captured the incident that gave rise to the suit. As Plaintiff … Continued
How does an expert witness enhance your case? Experts help the jury determine the facts of a case, particularly in complex litigation such as lawsuits involving the value of intangible property. While a tangible asset has a physical form, an intangible asset lacks physical substance and is usually very hard to evaluate. Examples of intangible assets include patents, copyrights, franchises, … Continued
Introduction: The 2018 wildfire season in California has been considered the deadliest by various government agencies, and the damage it caused was tremendous. See, e.g., California Department of Forestry and Fire Protection, (CAL FIRE) “2018 Statewide Incidents Map,” at http://cdfdata.fire.ca.gov/incidents/incidents_stats (last visited Jan. 3, 2019). In November of alone, about 1,500 structures were destroyed or … Continued
Defendants appealed the trial court’s decision for Plaintiffs awarding them damages after Defendant destroyed 31 trees on Plaintiff’s property. Defendant argued that the maintenance of a lime pile uphill from Plaintiff’s property line and trees wasn’t the direct cause of the destruction of the trees and that the trial court abused its discretion by admitting … Continued
United States District Judge Joseph R. Goodwin was asked to decide Plaintiff’s Motion to Exclude or Otherwise Limit the Opinions and Testimony of the Defense’s Expert in Multidistrict Litigation concerning the use of transvaginal surgical mesh to treat pelvic organ prolapse (“POP”) and stress urinary incontinence (“SUI”). In the seven MDLs, there are more than … Continued
Introduction: Until recently, the United States did not recognize cannabis or products derived from it as being relevant to the medical field. See, e.g., Jan Wolfe, “ANALYSIS—Patents on pot? US lawsuit puts cannabis claims to the test,” CNBC, Nov. 29. 2018, at https://www.cnbc.com/2018/11/29/reuters-america-analysis-patents-on-pot-us-lawsuit-puts-cannabis-claims-to-the-test.html (last visited Dec. 6, 2018). However, marijuana is at least partially legal in many … Continued
A U.S. Magistrate recently denied Plaintiff’s motion to declare documents admissible or re-open discovery for a limited purpose and granted in part Plaintiff’s motion for redesignation of documents and to compel production of documents. Plaintiff objected. In April 2016, Defendants provided their initial disclosures to Plaintiff concerning the computation of damages but had done nothing … Continued
In a recent products liability case, a plaintiff alleged that he was injured when he fell 25 feet from a tree while installing a tree step. Defendants, who manufactured and distributed the tree steps, didn’t dispute that the tree step broke or that there was an inclusion in it. However, they argued that the tree … Continued
A ride-hailing app company has sued four former employees on the company’s corporate intelligence team accusing them of improperly taking confidential records when they left the company. The company alleges that the defendants held onto company hard drives and laptops. Former employee Richard Jacobs argues that the former company team stole trade secrets. In Uber Technologies Inc. … Continued
Glenn Richardson sued MGM Resorts International for $35M in a negligence lawsuit following his injuries at the Mandalay Bay Resort and Casino in 2015. Richardson turned down the $2.5M settlement offer from MGM before the case went to trial. At trial, plaintiff’s attorney Adam Breeden argued that Richardson suffered a traumatic brain injury which impacted … Continued
Introduction: A new breed of litigation is cropping up of late involving motorized scooters. See, e.g.Kirk Mitchell, “Scooter companies Bird, Lime among defendants in class action lawsuit filed in California,” The Denver Post, Oct. 23, 2018. A class action lawsuit was recently filed against two businesses that rent these vehicles. See id.The class action deals … Continued
Do you need an acoustical engineering expert witness for cases involving noise pollution? Noise pollution conflicts arise in environmental, aerospace, residential, and industrial contexts. Because acoustical engineers have expertise in how noise and sound are utilized and controlled, they are a critical aspect in noise pollution litigation. These experts understand the dynamics of sound as well … Continued
The Iowa Court of Appeals heard a case on a city’s special assessment of certain property owners for the costs of road and storm sewer improvements made in the city’s industrial-business district. The City specially assessed the property owners abutting the roadway at a rate of $55 per linear foot of property running along the … Continued
During a prolonged surgery, a plaintiff suffered an injury that left him with nerve damage and limited use of his right hand. He files suit against the surgeon, the anesthesiologist, the surgical nurse, and the surgeon’s practice for medical malpractice. Plaintiff underwent a surgical procedure known as a robotic‑assisted laparoscopic prostatectomy (“RALP”) performed by Dr. … Continued
The District Court of Colorado recently heard Plaintiff’s Motion for a New Trial Based on Insufficiency of Evidence Supporting the Verdict after a jury returned a verdict for the Defendants. Defendants own and graze cattle on Parcel 079 (“the parcel”) located near a highway in western Colorado. The parcel was partially fenced by both the … Continued
Introduction: In the age of artificial intelligence (A.I.), photographs and videos have become profuse, and they had achieved a certain level of credibility in litigation for years. In the last twenty years, however, expert witnesses have begun analyzing such data to determine if it has been altered and is therefore not accurate evidence. See, e.g., … Continued
The Florida Supreme Court has refused to recognize a 2013 law that was designed to bring the state’s expert witness standard in line with the majority of jurisdictions, holding that the law overreached into the court domain. The Supreme Court reversed the decision of the Fourth District Court of Appeal in DeLisle v. Crane Co., … Continued
A recent Texas case concerned the removal of a monument to a Confederate soldier from a San Antonio public park. The plaintiffs were a local San Antonio Chapter of the United Daughters of the Confederacy. They sued the City of San Antonio, the Mayor, and the individual City Council members who voted for the removal … Continued
Plaintiffs bred rodeo and ranch horses in New Mexico. The defendant Nutrition Company delivered feed for the horses in December 2016. Shortly thereafter, some of Plaintiffs’ horses fell ill. Two days later, two horses had died. Plaintiffs filed this action against Defendant nearly a year later, claiming that the feed was contaminated with monensin, an … Continued
When should you consult with a product liability expert witness? In the U.S., defective or dangerous products are the cause of thousands of injuries every year. When a product displays an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer. Flaws in the way a product is marketed, … Continued
Introduction: In late March of this year, Florida’s governor signed a bill into law that will greatly impact construction defect lawsuits. See, e.g., Spencer Mallard & Miguel J. Chamarro, “Legislature Changes Critical Deadlines In Construction Defect Litigation,” Law.com, May 9, 2018, at https://www.law.com/dailybusinessreview/2018/05/09/legislature-changes-critical-deadlines-in-construction-defect-litigation/?slreturn=20180910140853 (last visited Oct. 12, 2018). As several attorneys claim, the new legislation … Continued
Introduction: Construction of the Mountain Valley Pipeline (MVP), which was intended to deliver natural gas to West Virginia, has become steeped in litigation. See, e.g., Ken Ward Jr. & Kate Mishkin, “Despite ruling, regulators moving to ease path for Mountain Valley pipeline,” Charleston Gazette-Mail, Oct. 4, 2018. A number of parties have brought suit to … Continued
Introduction: In September, Visa and Mastercard reached a large settlement in a case over the fees they charge retailers to conduct credit card transactions. See, e.g., Aparajita Saxena& Brendan Pierson, “Visa, Mastercard reach $6.2 billion settlement over card-swipe fees,” Reuters, Sep. 18, 2018, at https://www.reuters.com/article/us-usa-court-creditcards/visa-mastercard-reach-6-2-billion-settlement-over-card-swipe-fees-idUSKCN1LY1PQ (last visited Oct. 17, 2018). The settlement was the largest antitrust cash … Continued
Yes, they have, and it’s not merely for security purposes. One of the big casinos on the Las Vegas Strip is putting the new technology into operation, according to Alec Massey, a director in PwC’s Connected Solutions practice, who was presenting at the Global Gaming Expo in Las Vegas. Massey didn’t say which casinos are … Continued
The Wisconsin Court of Appeals recently heard a contract dispute involving a sales representative and two manufacturers, in which the appellant sales rep contended that the Appellees owed it approximately $1.2 million in commissions. Appellant claimed that it fulfilled its contractual obligation to assist Appellees in securing a deal to sell an architectural feature for … Continued
The plaintiffs in a recent education case moved to exclude Defendant’s testimony of an unlicensed psychologist as an expert on autism. The School District argued that she was an unlicensed and subject to possible disciplinary action by the California Board of Psychology; therefore, she lacked the credentials to testify as an expert witness. Further, Defendant School … Continued
Court proceedings have begun in the copyright infringement lawsuit PUBG Corporation et al v. NetEase, Inc. et al. The U.S. District Court, California Northern District case 4:18-CV-02010 is assigned to Judge Jeffrey White in Oakland. Headquartered in Korea, PUBG is a privately held company founded in 2009. PUBG alleges that the defendant copied ideas from the … Continued
A health care worker appealed summary judgment for Defendants Mother and Father in her action against them for damages for a permanent and disabling back injury she allegedly sustained while caring for their disabled teenage daughter (CZ) in their home. Plaintiff worked in Defendants’ home for seven weeks as a pediatric home health nurse for … Continued
A health care worker appealed summary judgment for Defendants Mother and Father in her action against them for damages for a permanent and disabling back injury she allegedly sustained while caring for their disabled teenage daughter (CZ) in their home. Plaintiff worked in Defendants’ home for seven weeks as a pediatric home health nurse for … Continued
Introduction: In 1986, California residents voted for Proposition 65, a measure intended to address the risk of exposure to toxic chemicals. See, e.g., California Office of Environmental Health Hazard Assessment (OEHHA), “Proposition 65 in Plain Language,” Feb. 1, 2013, at https://oehha.ca.gov/proposition-65/general-info/proposition-65-plain-language. Proposition 65, which is also known as the state’s Safe Drinking Water and Toxic Enforcement … Continued
The June 14, 2018, Sand Blaster roller coaster derailment sent two people seventeen feet down to the ground and left other riders dangling or stuck on the roller coaster until they were rescued by firefighters. Florida inspectors and independent engineers reported that excessive speed and damage to the track and axle systems were the chief … Continued
The New Jersey Supreme Court recently issued a decision in In re Accutane Litig., to reinstate a trial court’s order to strike the plaintiffs’ causation experts’ testimony as flawed and unreliable. The case has significance because the Court clarified the state’s expert witness admissibility standards to include the factors set out in Daubert. With this … Continued
Introduction: In September of 2017, Makan Delrahim became the top official in the antitrust division of the U.S. Department of Justice (DOJ), and his role as deputy assistant attorney general has generated a great deal of discussion in the antitrust community as to what direction his leadership might take. See, e.g., Dee Bansal, et al., … Continued
A handwriting expert was a crucial witness in an action brought by the personal representative of the estate who sought to set aside a deed purportedly signed by her deceased father. The deed purported to convey property from the decedent to his son, the defendant. The decedent’s daughter, the plaintiff, claimed that the son forged … Continued
Introduction: Katrina, Ike, Maria, Harvey: In the past several years, hurricanes have caused untold damage to entire cities and even geographic regions. The most recent such storm in the United States, Hurricane Florence, is considered extremely dangerous and is heading towards North Carolina and 300 miles of coastal areas. See, e.g., Jason Hanna, et al., … Continued
A plaintiff and the State of Delaware brought suit under the state’s False Claims and Reporting Act, alleging that the defendant gift card services company, its successor-in-interest, and several retailer parties entered into a contractual scheme designed to deprive Delaware of millions of dollars in unclaimed gift card balances to which it was lawfully entitled under … Continued
By: Expert No. 318707, MBA. Just imagine for a moment that you manufacture a product in America that has quickly become a hot selling item. You decide to expand the distribution of your product to China because you know China is a very fast-growing consumer market. But where do you begin? How do you find distributors, retailers, … Continued
An Upshur County, TX, jury awarded $101M to Joshua Patterson as a result of being hit from behind by an FTS International Manufacturing truck. The semi-truck driver, Bill Acker, was found to be under the influence of marijuana and methamphetamines while driving the FTS truck. Acker was also on probation with the trucking company for being involved in … Continued
Introduction: On August 15, a major Bitcoin investor filed a lawsuit for $224 million because his cryptocurrency had been stolen, and he argued that telecommunications giant AT&T was at fault for fraud and gross negligence in connection with the theft. See, e.g., Gertrude Chavez-Dreyfuss, “U.S. investor sues AT&T for $224 million over loss of … Continued
A defendant, an underground power line locator company, brought a motion to exclude a plaintiff’s rebuttal expert in a negligence action where plaintiff alleged that the defendant failed to locate and mark an underground power line. Plaintiff struck the unmarked power line with a shovel and suffered injuries. Defendant argued Plaintiff’s rebuttal expert should have … Continued
Introduction: On August 14, a group of Tinder founders, employees, and executives filed suit against the dating application’s parent and subsidiary companies. See, e.g., Dave Simpson, “Tinder Founders Sue Match For $2B Over Stock Options,” Law360, Aug. 14, 2018, at https://www.law360.com/articles/1073180/tinder-founders-sue-match-for-2b-over-stock-options. The case was brought in New York state court and alleges that two companies, IAC … Continued
Introduction: In 1992, the U.S. Supreme Court held that in order to require a business to levy a particular state’s sales tax on consumers, that business must have a “physical presence” in the state in question. See, e.g., Michael J. Bologna, “State of Wayfair: Tax Groups to Hold Huddle on High Court Ruling(1),” Bloomberg. Jul. 30, … Continued
A crane accident in Mississippi left an operator physically and mentally incapacitated. His wife sued the crane manufacturer under Mississippi’s products liability statute. After a lengthy trial, a jury found that the manufacturer failed to warn crane operators that if the crane tips over, large weights stacked on the rear of the crane can slide … Continued
Introduction: On July 12, a St. Louis jury awarded a group of women and their families almost $4.7 billion in damages in a product liability case. See, e.g., Associated Press, “Nearly $4.7 awarded in Johnson & Johnson baby powder lawsuit,” reprinted in Chicago Tribune, Jul. 13, 2018. The litigation involved allegations that baby powder sold … Continued
Introduction: Lawsuits alleging injuries from data breaches within businesses are increasingly common in the digital age, and 2018 has seen a host of such cases. See, e.g., Joseph Lazzarotti, et al., “California May Lower The Standing Threshold in Data Breach Litigation,” Lexology, Jul. 11, 2018, at https://www.lexology.com/library/detail.aspx?g=2bbb37f5-2c8e-4d01-ae4a-2301c1ca3447 (last visited Aug. 1, 2018). Federal and state … Continued
The National Transportation Safety Board and Coast Guard are investigating the duck boat tragedy that claimed seventeen liveson Table Rock Lake in Missouri. The Ride the Ducks craft capsized and sank in a storm on July 19, 2018. Investigators are looking into what caused the accident, including the weather, life jackets, as well as the mechanics … Continued
Introduction: On July 10, the National Football League Players Association (NFLPA, Players Association) filed a grievance that challenged the League’s (NFL’s) recently-enacted policy of disallowing players from protesting the national anthem in a public manner. See, e.g., John Delcos, “NFL And Players Association Expected to Battle Over Anthem Issue,” Forbes, Jul. 10, 2018. The NFLPA … Continued
New Hampshire’s Supreme Court has upheld a $750K jury award for restaurant patron Brandon Stachulski who got sick after eating a hamburger at an Applebee’s restaurant and contracted salmonella. Stachulski’s complaint described him as incurring permanent gastrointestinal problems. Apple New England, which owns the restaurant, filed an appeal in 2017 saying there was insufficient evidence … Continued
On June 22, 2018, 32 oil tanker train cars from Alberta, Canada, derailed in the northwest corner of Iowa and dumped an estimated 230,000 gallons of crude oil into floodwaters. The train was carrying ConocoPhillips oil to Oklahoma. No one was hurt in the accident. The new and retrofitted oil tanker cars were designed to … Continued
The airport security program CLEAR recently announced a partnership with Major League Baseball and Tickets.com that will allow fans to use biometric ticketing at certain MLB ballparks. Fans who link their CLEAR accounts to their MLB.com accounts can use their fingerprint instead of a paper or mobile ticket at participating major league ballparks. CLEAR plans … Continued
Judge Vince Chhabria recently rendered a ruling on the admissibility of expert witnesses in the products liability cases against Monsanto, the makers of Roundup®, which the plaintiffs claim can cause non-Hodgkin’s lymphoma. The lawsuits allege that glyphosate, the herbicide in Roundup, can cause non-Hodgkin’s lymphoma, and that Monsanto failed to warn consumers or regulators about … Continued
A Florida district court recently heard a motion for extension of time on a plaintiff’s expert disclosure deadline or to allow plaintiff’s expert to supplement his report. After the judge entered the scheduling order, Plaintiff was given an extension for its expert disclosures. Plaintiff disclosed its experts to Defendant and e-mailed a copy of the … Continued
Introduction: On June twenty-seventh, the United States Supreme Court handed down a 5-4 decision that affects the rights of unions and government employees, and its decision was highly controversial. See, e.g., Eli Lehrer & David Rolf, “A conservative and a liberal agree: Unions must change after Supreme Court blow on Janus,” USA Today, Jul. 3, … Continued
Trucking, warehousing, and logistics company California Cartage LLC Company will pay up to $1.9M as a result of wage and hour violations at the company’s Los Angeles storage facility. Warehouse workers filed a lawsuit in 2014 and 2016 alleging that California Cartage violated the state’s minimum wage law, the city’s “living wage” statute and retaliation for … Continued
Chicago U.S. District Judge Matthew Kennelly has ruled that Gatorade did not engage in trademark infringement against SportFuel. SportFuel.com describes the company as “an integrative nutrition consulting firm based in the Chicagoland area.” The company name was registered with the USPTO in 2008. SportFuel sought to stop Gatorade from using the “Sports Fuel” name as … Continued
Introduction: In the digital age, everything from photographs to recipes can be found online, and people regularly download, use, and share web content. Web-based publications, such as blogs and articles often have certain intellectual property (IP) protections under federal law. See, e.g., Dr. Jean Murray, “How to Copyright a Website to Protect It,” The Balance … Continued
Expert witness designations were at the heart of a recent decision in the Eastern District of Texas where a plaintiff filed suit against Defendant Insurance Company for alleged violations of the Texas Insurance Code, Texas Deceptive Trade Practices Act, breach of contract, and breach of the duty of good faith and fair dealing. U.S. District … Continued
Introduction: Biomedical technology has evolved rapidly over the past five years, and during this period, many mechanisms have emerged to edit genetic material. See, e.g., Megan Molteni, “Everything You Need to Know About CRISPR Gene Editing,” Wired, Dec. 5, 2017. CRISPR, a form of gene editing that has been tested and utilized in several nations, … Continued
A cruise line recently brought a motion to strike and preclude the testimony of a plaintiff’s expert witness in a personal injury action in which she sought to recover for physical injuries sustained as a result of an accident onboard the ship. Plaintiff claimed that Defendant was negligent in allowing ping pong balls to collect on … Continued
This case stems from a petition for review of a decision by the Maryland State Board of Dental Examiners. Appellant’s license to practice dentistry was revoked by the Board in 2013 after the State charged him with violating the Dental Practice Act by testing positive for cocaine several times and failing to file required reports … Continued
Introduction: Telecommunications giant AT&T and multimedia entity Time-Warner have contemplated an $85 billion merger for some time, and the deadline for completing the merger was June twenty-first of this year. See, e.g., Marcy Gordon, “AT&T merger with Time-Warner Ok’d by judge,” Chicago Sun-Times, Jun. 12, 2018. The Department of Justice (DOJ) instituted litigation to block … Continued
Introduction: In the first half of this year, countless groups have sought permission to litigate as members of a class action in legal proceedings, from product liability cases to employment discrimination claims. See, e.g., In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered May 24, 2018); See, e.g., Michelle Chen, “The … Continued
KOMO-TV, Helicopters Inc, and the estate of the Seattle’s television station’s late pilot will pay $40M to two men who were injured when a news helicopter plummeted off the station’s rooftop in 2014 and crashed into the plaintiff’s cars. Guillermo Sanchez and Richard Newman alleged that KOMO and Helicopters Inc. ignored safety concerns about landing … Continued
Introduction: Expert witnesses have become indispensable to modern litigators: from providing key testimony in major cases involving mergers and acquisitions to guiding municipal regulators on environmental standards, their presence and specialization may be the key to achieving desired results. Attorneys should be familiar with professional and ethical rules that govern interactions between lawyers and experts. … Continued
Introduction: The potential legalization and regulation of marijuana, whether for medical or recreational purposes, has attracted substantial national attention. Nine states, as well as Washington, D.C., have legalized cannabis for recreational use, and 29 have passed laws that make medical marijuana legal. See id. A 2017 Gallup poll found that 64% of Americans approve of legalization, … Continued
U.S. District Judge David C. Norton recently heard a Plaintiff Insurance Company’s motion to compel Defendant to pay expert witness fees. This action arose out of an insurance coverage dispute between the insurer and its insured regarding certain alleged misrepresentations in Defendant’s application for workers’ compensation insurance. Defendant was a medium-sized construction company that specialized … Continued
Introduction: Intellectual property (IP) attorneys are frequently overwhelmed when trying to keep up with the pace of technological innovation, so it comes as no surprise that boutique firms have emerged to focus on particular trends. Within the umbrella of IP law, copyright issues have sometimes taken a backseat to other legal questions, such as what … Continued
In a § 1983 action, a Defendant City and Defendant police officer in Alabama sought to exclude the expert opinion testimony of one of Plaintiff’s experts—an expert witness on police procedure. Plaintiff initiated this lawsuit after an incident occurred during a morning walk in his son’s neighborhood when a police officer employed by the City, … Continued
Introduction: Over the past year, a number of state supreme courts have decided to re-evaluate what evidentiary standard to apply when addressing the admissibility of expert witness evidence. See, e.g., Michelle M. Bufano & Lewis M. Russo, ”’Accutane’ Appeal Presents Opportunity For NJ To Adopt ‘Daubert,’” New Jersey Law Journal, Dec. 18, 2017, at https://www.law.com/njlawjournal/sites/njlawjournal/2017/12/08/accutane-appeal-presents-opportunity-for-nj-to-adopt-daubert/ … Continued
Microsoft has asked a judge to dismiss an infringement suit targeting their Cortana digital assistant products, capitalizing on an earlier ruling that invalidated three patents at the center of the case. Microsoft’s attorneys argued that the March 31st ruling from U.S. District Judge Richard G. Andrews of the District of Delaware destroyed the case from IPA Technologies Inc., as the American … Continued
A railroad conductor appealed the order of the Philadelphia County Court of Common Pleas granting his employer, a local transportation authority’s motion for a new trial. The main point of the appeal was the admissibility of his liability expert. On the night of his injury, Plaintiff stood in the vestibule of a railroad car holding … Continued
The Plaintiffs in a recent Mississippi federal case moved to strike the expert designation of Defendant’s witness, a Technical Environmental Engineer. In support of their motion to strike, Plaintiffs argued that he was a non-specially retained/ non-reporting expert as to all matters addressed in his designation. U.S. Magistrate Judge Jane M. Virden wrote in her … Continued
Pharmaceutical company Johnson & Johnson was ordered to pay $37M in the case of a New Jersey man who claimed he got mesothelioma from J&J’s talcum powder. Stephen Lanzo III used J&J’s product for over thirty years and believes they contained talc laced with asbestos. The New Brunswick, NJ, jury agreed with him. They found … Continued
Introduction: Recently, the federal government announced its intent to sue the state of California over several immigration-related bills that the United States Attorney General has claimed are unconstitutional. See, e.g., Abby Hamblin, “Jeff Sessions’ immigration lawsuit targets California: your questions answered,” San Diego Union-Tribune, Mar. 7 2018. At issue are three California laws, and California’s … Continued
Schlitterbahn Water Park corporate executives have been charged with several injuries to patrons as well as the death of ten-year-old Caleb Schwab. Schwab died when the Kansas City amusement park waterslide raft he was riding went airborne. Schwab was decapitated by a metal hoop that supported a netting system above the ride which was advertised … Continued
The market for drones is expanding. During the 2017 Christmas season, U.S. shoppers bought nearly 1.6 million drones, up 31% from Christmas 2016. Drones are complicated electronic devices and their safety is highly debated. Yorkdispatch.com tells us that during Christmas 2017 “social-media platforms were filled with tales of drones that crashed into trees, windows, and people … Continued
In 2017, a New Jersey case that involved the legality of sports betting was granted certiorari by the United States Supreme Court. See, e.g., Larry Gibbs, “Odds, Integrity And Preparations for the Supreme Court To Rule On Sports Betting,” Legal Sports Report, Mar. 5, 2018, at https://www.legalsportsreport.com/18925/sports-betting-odds-in-scotus-and-future/ (last visited Mar. 28, 2018). In response to … Continued
A former employee of the City of Tampa filed an action for unlawful retaliation in violation of the Americans with Disabilities Act (“ADA”) and the Florida Civil Rights Act (“FCRA”). Plaintiff was employed as a City Solid Waste Collection Driver. At some time during his employment, he was diagnosed with a medical condition that allegedly … Continued
Introduction: Artificial intelligence (AI) seems to be cropping up at every juncture, whether it’s in the form of self-driving cars or applications that correlate customer data to improve marketing techniques. A number of AI proponents have enumerated the benefits of implementing that technology in different sectors, but others have mentioned concerns with the use of … Continued
U.S. District Judge James I. Cohn recently heard arguments on a defendants’ motion to exclude the testimony of a plaintiffs’ military analyst with expertise in investigating and analyzing military structures in the context of violence against civilians during armed conflict. This military expert had nearly two decades of experience investigating international criminal law and human … Continued
Who can be held liable when an autonomous vehicle strikes and kills a pedestrian? This legal question came to the fore this week when an autonomous Uber car struck and killed a pedestrian in Tempe, Arizona, just outside of Phoenix. Liability for the women’s death is at issue. Tempe Police said the vehicle was in … Continued
Introduction: In order for the United States Patent & Trademark Office (PTO) to consider an invention legally entitled to a patent, the invention in question must be deemed “eligible” for legal protection. See, e.g., U.S. PTO, “Patent Eligible Subject Matter: Report On Views And Recommendations From The Public,” Jul. 2017, available at https://www.uspto.gov/sites/default/files/documents/101-Report_FINAL.pdf (last visited … Continued
The debate over whether or not Title VII of the Civil Rights Act applies to discrimination based on sexual orientation has been controversial and extensive. Myriad courts have been asked to resolve this question one way or another, and various legal interpretations have been advanced. On February 26, 2018, the Second Circuit Court of Appeals … Continued
Defendants in a recent federal California case filed an administrative motion to modify the court’s case management to let them supplement their expert disclosures by replacing Dr. A, previously disclosed as a forensic pathologist expert, with another forensic pathologist expert because he wasn’t available for trial. The plaintiffs said that they would stipulate to the replacement … Continued
A federal district court in Louisiana recently heard a motion to exclude expert testimony of a Certified Low Vision Therapist in an ADA (Americans with Disabilities Act) action. The plaintiff was a medical review nurse hired for the defendant insurance company. In July 2013, she suffered a stroke. As a result, she experienced, among other … Continued
The Maryland Court of Appeals recently held that trial court didn’t err in admitting Petitioner’s post-accident medical treatment records under Maryland Rule 5-703. The Court concluded that “disclosed” under Maryland Rule 5-703(b) means that evidence is admissible if it satisfies four elements set forth in the rule. Such evidence may, in trial court’s discretion, be … Continued
In 2014, California passed the Sustainable Groundwater Management Act (SGMA), which “requires critically overdrafted groundwater basins to adopt plans by 2020 to sustainably manage their aquifers.” Matt Weiser, “As California Groundwater Regulation Unfolds, Some Feel Left Out,” News Deeply, Jan. 22, 2018. Local groundwater regulatory agencies were created and tasked with meeting this looming deadline, and many … Continued
A computer forensics expert testified in the U.S. Northern District of California trade secret lawsuit filed by Waymo against Uber. These experts investigate different types of digital data found on computers or other electronic devices in order to locate and identify different forms of evidence. In the Waymo case, the computer forensics expert analyzed the … Continued
On February 14, 2018, Marjory Stoneman Douglas High School in Parkland, Florida, was subject to a tragedy. 17 people were killed and 14 were wounded. See, e.g., NBC News, “Broward County Sherriff details timeline of Parkland Shooting,” Video, Feb. 15, 2018, at https://www.nbcnews.com/video/florida-school-shooting-timeline-detailed-by-sheriff-1162718787706 (last visited Feb. 21, 2018). The deaths and injuries occurred after a … Continued
In the United States, labor law encompasses everything from family medical leave to marijuana regulation. See, e.g., Erin Mulvaney, “Labor of Law: We Asked for Labor-Law Predictions for 2018. Here’s What You Said.”, Law.com, Jan. 16, 2018. When asked what trends they expected to see in the labor and employment fields for 2018, a number … Continued
Introduction: Expert witnesses are commonly used in all types of federal civil litigation, and bankruptcy court is no exception. However, according to one bankruptcy attorney, “[t]he rules and best practices applicable to expert witnesses in bankruptcy court differ in a number of respects from those in district court.” Philip Bentley, “United States: Expert Witnesses In … Continued
The Virginia Department of Elections brought a motion to exclude the testimony of a proposed election expert witness for the plaintiffs—three individuals and two voluntary associations affiliated with the Republican Party of Virginia. The lawsuit challenged the constitutionality of the Incumbent Protection Act, which provides certain elected officials with the power to choose the method … Continued
Former Chicago White Sox player Dustin Fowler is suing the team and the agency that manages Guaranteed Rate Field for negligence following his knee injury in June 2017. Fowler ran after a foul ball and collided with an electrical box at knee level. He suffered a rupture of the patella tendon in his right knee … Continued
Sleep apnea is the most frequently diagnosed sleep disorder in the United States. It’s also becoming a “go to” criminal defense for many trial attorneys. Sleep apnea is a potentially serious sleep disorder in which breathing repeatedly stops and starts during a sleep cycle. The use of sleep apnea as a defense holds that the … Continued
A jury convicted the Defendant in Indiana of 15 counts of wire fraud, four counts of money laundering, and one count of securities fraud for his participation in a fraudulent investment scheme. In 2009, a self-described financial advisor began creating financial investment business entities and soliciting startup capital from family and friends. He directed individuals … Continued
Defendant rear-ended Plaintiff while he was stopped at a red light. The parties stipulated that Defendant was negligent, but left the issues of causation and damages for the jury. Plaintiff claimed that his alleged injuries limited his ability to work as a nurse, but he didn’t leave nursing until shortly after he filed this lawsuit. … Continued
Recently a life insurance company filed an interpleader action to resolve which of the defendants was entitled to the proceeds of an insurance policy it issued on the life of the decedent (the insured)—his ex-wife or his widow. The ex-wife was the named beneficiary, and the insured had transferred ownership of the policy to her … Continued
Introduction: Expert witnesses play an integral role in intellectual property (IP) litigation. Recently, a number of experts were asked to “identify the biggest moments in IP” for 2017 and to predict potential trends for the upcoming year. See, e.g., Gene Quinn, “An Interesting Year on the Horizon: What to Watch in 2018,” IP Watchdog, Jan. … Continued
On January 4, 2018, U.S. Bankruptcy Judge Brendan Shannon in Wilmington, DE, gave auto supplier Takata’s creditors the green light to vote on the bankrupt company’s Chapter 11 plan. Takata filed for bankruptcy in June 2017 during a massive recall of its defective airbags. The company manufactures and sells motor vehicle seat belts, airbags, steering … Continued
Introduction: In medical malpractice cases, certain elements must be proven by plaintiffs in order to make a recovery, and in most states, those elements must be shown to a degree to even file a complaint. This article reviews such cases and the role of expert witnesses, from the perspective of a professor of surgery, who … Continued
