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Minnesota Court Excludes Plaintiff Expert Opinions For Lack of General Acceptance
  • Reed Smith LLP
  • USA
  • March 21 2018

All of us - defense lawyers, plaintiff lawyers, and judges - tend to assume that the federal Daubert standard for admissibility of expert testimony is


Damages opinion related to FRAND excluded due to lack of supporting evidence
  • Fish & Richardson PC
  • USA
  • February 14 2018

The Eastern District of Texas, Tyler Division, Magistrate Judge K. Nicole Mitchell presiding, in Network-1 Techs., Inc. v. Alcatel-Lucent USA, Inc


DOJ Heads for the Hills after Judge Rips FCA Case as a "House of Cards"
  • Vinson & Elkins LLP
  • USA
  • November 22 2017

On October 27, 2017, Magistrate Judge Theresa Carroll Buchanan in the Eastern District of Virginia gave the government a brutal reality check on the


Cross-Examining the Expert Witness in a PL Case Part II: What Are the Relevant Facts & Data?
  • Wilson Elser
  • USA
  • November 14 2017

In the first part of this series, we examined how effective deposition questioning about an expert’s education, training and experience can ultimately


Is It Necessary for an Expert Opinion to Take Into Account Obvious Alternative Explanations for an Injury? Eighth Circuit Weighs In.
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • August 7 2017

In Redd v. DePuy Orthopaedics, Inc., the Eighth Circuit Court of Appeals has reminded litigators of the importance of ensuring expert witnesses


Missouri Marches Toward Daubert
  • Barnes & Thornburg LLP
  • USA
  • June 15 2017

Missouri, declared one of the nation’s “Judicial Hellholes” by the American Tort Reform Foundation, soon will join the federal courts and 39


Ninth Circuit Reverses Daubert Exclusion
  • Reed Smith LLP
  • USA
  • June 14 2017

Let's start with a shameless plug: the author of this post, along with Sean Wajert (Shook Hardy & Bacon), will present a Strafford webinar on June 21


Could Daubert be Dying in Florida?
  • Cozen O'Connor
  • USA
  • April 26 2017

On February 16, 2017, the Florida Supreme Court issued an opinion in In Re: Amendments to the Florida Evidence Code, No. SC16-181, in which the court


Missouri Governor Signs Bill; State’s Approach to Expert Testimony Now Aligns with that of the Federal Courts
  • Husch Blackwell LLP
  • USA
  • March 29 2017

Yesterday, March 28, 2017, Missouri Governor, Eric Greitens, signed House Bill 153. This Bill amends parts of section 490.065 of the Missouri Revised


Florida Supreme Court Rejects More Rigorous Expert Testimony Standard
  • Holland & Knight LLP
  • USA
  • February 22 2017

The federal court system and 36 states have adopted the so-called Daubert standard in place of the Frye standard when it comes to