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Ninth Circuit Permits Use of “Inadmissible” Expert Testimony for Class Certification Purposes
  • Jackson Lewis PC
  • USA
  • November 3 2018

The U.S. Court of Appeals for the Ninth Circuit just denied a request to review en banc a panel ruling that authorizes trial courts to consider


Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard
  • Crowell & Moring LLP
  • USA
  • October 22 2018

Five years after the Florida Legislature amended the state's evidence code to incorporate the Daubert standard for admissibility of expert testimony


Just In: New Jersey Supreme Court Adopts Daubert Factors For Assessing The Reliability Of Expert Testimony
  • Cozen O'Connor
  • USA
  • September 24 2018

On August 1, the Supreme Court of New Jersey issued a seminal ruling elucidating the state’s standard for admission of expert testimony in civil


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