Expert Testimony - Trial Strategy Today

Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

E-Discovery LLC

JULY 25, 2025

And “[t]reating physicians who are testifying about their diagnoses and treatment of a plaintiff are almost certainly relying upon their specialized training and knowledge, so the subject matter of their testimony and a summary of the facts opinions to which they will testify are required under Rule 26(a)(2)(C).” 26(b)(5)(A)(ii).” [11]

Discovery

Discovery Objections Affidavits Expert Testimony

Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

E-Discovery LLC

JUNE 16, 2025

WMATA moved for summary judgment based on the lack of expert testimony. Furthermore, even if she had shown that the footage had been favorable, the Court held that it would not have cured her failure to establish the applicable standard of care through expert testimony. In response, Ms.

Expert Testimony

Expert Testimony Evidence Rebuttal Litigation

The Science of Visual Persuasion: How Graphics Influence Juror Decision-Making

Sound Jury Blog

JULY 8, 2025

They’re professionals, parents, and citizens being asked to evaluate nuanced legal theories, expert testimony, and large volumes of evidence. Why Visual Learning Matters in Courtrooms Most jurors aren’t lawyers. Relying solely on oral argument or lengthy documents creates cognitive overload — the enemy of comprehension.

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Plumbing & HVAC Expert Witness Case Summary

Expert Witness Blog

JUNE 7, 2025

Harrison , 2021-NCCOA-27, the North Carolina Court of Appeals addressed the necessity of expert testimony in construction defect disputes, particularly those involving allegations of substandard workmanship in plumbing and HVAC installations. In the case of Dan King Plumbing Heating & Air Conditioning, LLC v.

Witnesses

Witnesses Expert Testimony Counterclaim Construction

Pipelines Expert Witness Case Summary

Expert Witness Blog

JUNE 25, 2025

2020), the testimony of a Pipelines Expert Witness played a central role in evaluating claims for damages associated with a natural gas pipeline easement. A Permanent Easement for 1.7575 Acres , 949 F.3d 3d 825 (3d Cir.

Witnesses

Witnesses Expert Testimony Admissibility Construction

Mechanical Engineering Expert Witness Case Summary

Expert Witness Blog

JULY 25, 2025

2d 57 (1963), the California Supreme Court addressed critical issues in product liability law, particularly concerning the role of expert testimony in establishing manufacturer responsibility for defective products. In the landmark case of Greenman v. Yuba Power Products, Inc. ,

Expert Testimony

Expert Testimony Witnesses Manufacturing

Disabled Access Expert Witness Case Summary

Expert Witness Blog

JULY 10, 2025

2022), the involvement of a Disabled Access Expert Witness was a central point of contention in a lawsuit concerning alleged violations of the Americans with Disabilities Act (ADA). The case provides an important example of how procedural compliance and expert testimony intersect in ADA litigation. 20-12720 (11th Cir.

Witnesses

Witnesses Expert Testimony Litigation

Split CAFC: ‘Word Salad’ Expert Testimony Failed Under Doctrine of Equivalents Infringement Standard

IP Watchdog

OCTOBER 24, 2024

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a district court’s finding that NextStep, Inc. failed to prove that Comcast Cable Communications infringed its patents.

Expert Testimony

Expert Testimony Precedent Construction Litigation

Automotive Engineering Expert Witness Case Summary

Expert Witness Blog

JULY 13, 2025

May 15, 2024), the testimony of an Automotive Engineering Expert Witness played a central role in evaluating allegations of vehicle design defects following a fatal traffic accident. Background of the Case Cecile Druzba was driving a Honda Accord when her vehicle was struck head-on by a Subaru crossing into her lane.

Automotive

Automotive Witnesses Expert Testimony Litigation

Initial Disclosures Cannot Await Expert Opinions

E-Discovery LLC

JULY 20, 2025

In her answers to interrogatories, “Lively objected on a number of grounds including that the interrogatory prematurely sought information that was properly the subject of expert testimony and was an improper contention interrogatory….” In her written response to the request for production of documents, Ms.

Interrogatories

Interrogatories Objections Discovery Expert Testimony

Journalists: How to Investigate Dangerous Heat in Prisons

The Marshall Project

AUGUST 4, 2025

You can read expert testimony about the study here , starting on page 150.) Can they share legal documentation with you, such as: official legal complaints; case materials like sworn statements from people explaining their experience in the heat; expert testimony, reports and research; and other items such as graphs and maps?

Expert Testimony

Expert Testimony Nonprofit Organizations Litigation Closing Argument

Delaware Top Court Sides With Zantac Makers in Cancer Claims

Insurance Journal

JULY 10, 2025

The Delaware Supreme Court rejected the legitimacy of expert testimony linking the heartburn drug Zantac to cancer, in a major win for makers of the product. In a unanimous ruling Thursday, the state’s highest court agreed with the argument of …

Expert Testimony

Expert Testimony Litigation

CAFC Vacates Non-Infringement Ruling for Apple Due to District Court Error in Striking Expert Opinion

IP Watchdog

AUGUST 13, 2025

Court of Appeals for the Federal Circuit (CAFC) on Wednesday vacated a district court’s grant of summary judgment of non-infringement for Apple, holding that the district court abused its discretion in striking an expert infringement opinion. The CAFC opinion was authored by Chief Judge Moore. against Apple in the U.S.

Construction

Construction Technology Expert Testimony Litigation

Other Barks & Bites for Friday, January 24: CAFC Reverses RDOE Noninfringement Ruling; EU Challenges China’s Global SEP Rate Setting Practices; and SCOTUS Nixes Cert Petition Challenging PTAB Paneling

IP Watchdog

JANUARY 24, 2025

Supreme Court denies cert petitions in a trio of IP cases, two featuring copyright claims and another challenging panelling decisions at the Patent Trial and Appeal Board; Boeing tells investors to expect a $4 billion loss for 2024s fourth quarter; the Federal Circuit reverses the District of Delawares noninfringement ruling under the reverse doctrine (..)

Expert Testimony

Can You Sue For Emotional Distress In North Dakota Or Minnesota?

SW&L Attorneys Blog

MAY 23, 2025

Proving either one requires meeting strict legal standards, often with the help of medical evidence or expert testimony. There are two common types: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED).

Expert Testimony

Expert Testimony Evidence Witnesses

Federal Circuit: District Court Properly Struck Expert Testimony that Failed to Apply Agreed-Upon Claim Construction

IP Watchdog

NOVEMBER 30, 2022

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion affirming a district court order that struck parts of an infringement expert report and also granted summary judgment of non-infringement to Valve Corporation. Treehouse Avatar, LLC owns U.S.

Expert Testimony

Expert Testimony Construction Objections Litigation

CAFC Vacates Section 112 Indefiniteness Ruling, Sending St. Jude Medical Back to Court

IP Watchdog

APRIL 12, 2022

in which the court affirmed most of a ruling from the District of Minnesota, including sanctions against Niazi for improper use of expert testimony, as well as a finding of no induced infringement by St. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Niazi Licensing Corp. Jude Medical S.C.,

Expert Testimony

Expert Testimony Evidence Litigation

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

E-Discovery LLC

DECEMBER 9, 2024

Expert testimony may be necessary for the factfinder to decide the significance of such evidence. Expert testimony is often required to explain scientific or technical matters. But expert testimony is not required simply because one can explain a matter scientifically. State, 457 Md. 513, 516 (2018)(GPS).

Witnesses

Witnesses Expert Testimony Chain Of Custody Evidence

Judge Allows Testimony That Abbott, Mead Johnson Baby Formula Caused Disease

Insurance Journal

MAY 4, 2025

A federal judge on said she will allow expert testimony that formula made by Abbott Laboratories and Reckitt Benckiser subsidiary Mead Johnson for premature babies can cause a fatal intestinal illness, as the companies face hundreds of lawsuits over the …

Expert Testimony

Federal Circuit Affirms Denial of JMOL, Partial Costs in Favor of Amazon

IP Watchdog

JULY 20, 2022

The CAFC said that substantial evidence supported the district court’s finding of anticipation, which Amazon proved via expert testimony relating to a prior art home automation software called HAL. infringed them, or, alternatively, a new trial.

Expert Testimony

Expert Testimony Evidence Litigation

Evidence that can prove business losses due to legal malpractice

Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

Expert testimony: An accountant or financial analyst can provide an objective assessment of your losses. Thus, you must gather key evidence, such as: Financial records: Balance sheets and income statements can show the decline in business performance after the alleged malpractice took place.

Evidence

Evidence Expert Testimony Objections Litigation

Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

E-Discovery LLC

JANUARY 28, 2025

July 22, 2019)(Courts have required that a movant make at least some effort, for example, by way of expert testimony or an affidavit, to show that this intrusive means of discovery is likely to yield the results sought.). UPS Ground Freight, Inc., 17-cv-30162-MGM, 2019 WL 3290346, 2019 U.S. LEXIS 121277, at *11 (D.

Discovery

Discovery Expert Testimony Affidavits Evidence

Non-Testifying Consultant Subject to Discovery Where Testifying Expert Relied on Consultant’s Work

E-Discovery LLC

DECEMBER 17, 2024

26(a)(2) governs discovery of expert testimony. For a testifying expert, one disclosable matter is the basis, facts, and data considered by the expert in forming an opinion. Tesla moved to compel the whole ball of wax identity, a deposition, all documents and communications, invoices, etc. Plaintiffs offered half a loaf.

Discovery

Discovery Trial Preparation Depositions Expert Testimony

Visibility Expert Witness Case Summary

Expert Witness Blog

MARCH 19, 2025

Supreme Court addressed the admissibility of expert testimony concerning a defendant’s mental state in criminal proceedings. While the case did not specifically involve a Visibility Expert Witness , it has significant implications for the scope of expert testimony in criminal trials. . _ (2024), the U.S.

Witnesses

Witnesses Expert Testimony Admissibility

CAFC Vacates Summary Judgment Ruling in Third ParkerVision Appeal for Improper Collateral Estoppel Analysis

IP Watchdog

SEPTEMBER 8, 2024

The Federal Circuit found that the Middle District of Florida erred in its application of collateral estoppel and abused its discretion in excluding expert testimony on validity offered by ParkerVision as unreliable, leading the appellate court to vacate the district court’s summary judgment ruling and remand for further proceedings.

Expert Testimony

Expert Testimony Litigation

Weather & Meteorology Expert Witness Case Summary

Expert Witness Blog

MARCH 22, 2025

July 12, 2019), the United States District Court for the District of New Mexico addressed the admissibility of expert testimony from a Weather & Meteorology Expert Witness in a contractual dispute involving the alleged destruction of hay by lightning-induced fire. In the case of Philmar Dairy, LLC et al. Continue reading

Witnesses

Witnesses Expert Testimony Admissibility

Oral Arguments in Intel/VLSI Appeal Focus on Doctrine of Equivalents, Damages Calculation Issues

IP Watchdog

OCTOBER 8, 2023

The Federal Circuit judicial panel hearing the appeal drilled down on the sufficiency of VLSI’s expert testimony for establishing infringement under the doctrine of equivalents, as well as damages calculations that arguably relied upon data from non-infringing features of the accused technology.

Expert Testimony

Expert Testimony Technology Litigation

English FRAND Developments to Watch Out for in 2022

IP Watchdog

FEBRUARY 3, 2022

For a long time, the courts in England have been a forum of choice for the resolution of disputes between international parties, with the promise of an experienced judiciary and a cost-efficient approach to discovery and expert testimony.

Cross-Examination

Cross-Examination Expert Testimony Discovery Litigation

Relative Proportionality Argument Rejected

E-Discovery LLC

SEPTEMBER 25, 2024

That is a very rigorous process, often necessitating expert testimony. In the District of Maryland: “Unlike some other courts … this Court does not impose on the requesting party the burden of establishing the substantial similarity of the requested incidents and lawsuits subject at the discovery stage of the litigation.

Discovery

Discovery Objections Admissibility Expert Testimony

CAFC Judges Split on Indefiniteness Analysis for Identity Theft Patent

IP Watchdog

FEBRUARY 14, 2024

The district court relied on First Financial’s expert testimony to conclude that “transaction partner” was indefinite, after finding that the expert used was a person of ordinary skill in the art (POSA). District Court for the Northern District of Illinois, alleging infringement of certain claims.

Expert Testimony

Expert Testimony Construction Evidence Litigation

Lighting & Illumination Expert Witness Case Summary

Expert Witness Blog

FEBRUARY 17, 2025

1997), the Missouri Court of Appeals addressed the admissibility of expert testimony concerning lighting conditions in a premises liability lawsuit. The involvement of a Lighting & Illumination Expert Witness was central to the court’s analysis. In the case of Bray v. Bi-State Development Corporation , 949 S.W.2d

Witnesses

Witnesses Expert Testimony Admissibility

Personal Injury Expert Witness Case Summary

Expert Witness Blog

FEBRUARY 20, 2025

His legal team engaged Dr. Sue Kaney, a consultant clinical psychologist, to provide expert testimony supporting his claim of post-traumatic stress disorder (PTSD). Initially, Dr. Kaney’s assessment aligned with Jones’s assertions. Continue reading

Witnesses

Witnesses Expert Testimony

CAFC Reverses January Decision Affirming Sufficient Written Description for Negative Claim Limitation Over Judge Linn’s Dissent

IP Watchdog

JUNE 21, 2022

Senior Circuit Judge Richard Linn authored a dissent arguing that the panel majority had improperly adopted a heightened written description standard and failed to take into account expert testimony from Novartis regarding a negative claim limitation that the district court found was supported by ample evidence.

Expert Testimony

Expert Testimony Pharmaceuticals Healthcare Evidence

Traffic/Highway Safety Expert Witness Case Summary

Expert Witness Blog

MARCH 16, 2025

2023), the Louisiana Court of Appeal addressed the critical role of expert testimony in a vehicular accident involving a passenger car and a commercial truck. The involvement of a Traffic/Highway Safety Expert Witness was central to the court’s analysis. In the case of Mace v. AAA Cooper Transportation , No. 23-2341 (La.

Witnesses

Witnesses Expert Testimony

Products Liability Expert Witness Case Summary

Expert Witness Blog

MARCH 10, 2025

2024), the United States District Court for the Southern District of Illinois addressed the admissibility of expert testimony in a multidistrict litigation (MDL) concerning allegations that exposure to the herbicide paraquat caused plaintiffs to develop Parkinson’s disease.

Witnesses

Witnesses Expert Testimony Admissibility Manufacturing

Ladders and Scaffolds Expert Witness Case Summary

Expert Witness Blog

FEBRUARY 23, 2025

2022), the United States District Court for the Eastern District of Pennsylvania addressed critical issues concerning product liability and the admissibility of expert testimony in a lawsuit stemming from a scaffold-related injury. The involvement of a Ladders & Scaffolds Expert Witness was central to the court’s analysis.

Witnesses

Witnesses Expert Testimony Admissibility Manufacturing

Human Factors Expert Witness Case Summary

Expert Witness Blog

FEBRUARY 14, 2025

May 25, 2022), the Tennessee Court of Appeals examined the admissibility and impact of expert testimony in a premises liability lawsuit. The involvement of a Human Factors Expert Witness was central to the court’s analysis. In the case of Ruth Mitchell v. City of Franklin, Tennessee , No. M2021-00877-COA-R3-CV (Tenn.

Witnesses

Witnesses Expert Testimony Admissibility

Sanctions for Failure to Comply With a Scheduling Order That Set Discovery Milestones

E-Discovery LLC

MAY 27, 2025

As relief, appellees asked the court to preclude appellant from either (1) introducing into evidence at … trial … any evidence of [appellees] alleged liability or [appellant’s] claimed damages or (2) relying on any expert testimony or opinions[.] Appellees then moved for summary judgment.

Discovery

Discovery Interrogatories Witnesses Evidence

Mining Expert Witness Case Summary

Expert Witness Blog

MARCH 1, 2025

2023), the United States District Court for the Eastern District of Kentucky addressed the admissibility of expert testimony in a lawsuit concerning environmental contamination allegedly resulting from mining activities. The involvement of a Mining Expert Witness was central to the court’s analysis. 5:22-231-DCR (E.D.

Witnesses

Witnesses Expert Testimony Admissibility

Tree/Arborist Expert Witness Case Summary

Expert Witness Blog

FEBRUARY 26, 2025

16, 2024), the United States District Court for the Eastern District of Louisiana addressed the admissibility of expert testimony in a negligence lawsuit involving a tree-cutting incident. The involvement of a Tree/Arborist Expert Witness was central to the court’s analysis. Nautilus Insurance Co. , 2:23-cv-1360 (E.D.

Witnesses

Witnesses Expert Testimony Admissibility Insurance

Alcohol, Drug & DUI Testing Expert Witness Expert Witness

Expert Witness Blog

APRIL 9, 2025

In legal proceedings involving driving under the influence (DUI), the testimony of an Alcohol, Drug & DUI Testing Expert Witness can be pivotal in determining the outcome of a case. Vangelder , which delved into the admissibility of expert testimony challenging the reliability of breathalyzer tests.

Witnesses

Witnesses Expert Testimony Admissibility

Skiing & Snowboarding Expert Witness Case Summary

Expert Witness Blog

MARCH 13, 2025

23, 2023), the United States District Court for the District of Vermont addressed the admissibility of expert testimony in a negligence lawsuit stemming from a skiing accident. The involvement of a Skiing & Snowboarding Expert Witness was central to the court’s analysis. In the case of Grajeda v. Vail Resorts Inc. ,

Witnesses

Witnesses Expert Testimony Admissibility

OSHA Expert Witness Case Summary

Expert Witness Blog

MARCH 7, 2025

2015), the United States District Court for the Eastern District of Texas addressed the admissibility of expert testimony in a lawsuit involving allegations of human trafficking and substandard living conditions. The testimony of an OSHA Expert Witness was central to the court’s analysis. n the case of Marimuthu v.

Witnesses

Witnesses Expert Testimony Admissibility Construction

IS DAUBERT GATEKEEPING MORE STRINGENT THAN EVER?

Temple University Beasley School of Law - Advocacy

FEBRUARY 16, 2025

The change to that Rule requires the proponent of the expert testimony to prove to the Judges satisfaction that it is more likely than not that (c) the testimony is the product of reliable principles and methods; and (d) the experts opinion reflects a reliable application of the principles and methods to the facts of the case.

Expert Testimony

Expert Testimony Evidence Admissibility Witnesses

Discovery 101 – Court Sets Out Ground Rules to Resolve Discovery Dispute

Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

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The Science of Visual Persuasion: How Graphics Influence Juror Decision-Making

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Plumbing & HVAC Expert Witness Case Summary

Pipelines Expert Witness Case Summary

Mechanical Engineering Expert Witness Case Summary

Disabled Access Expert Witness Case Summary

Split CAFC: ‘Word Salad’ Expert Testimony Failed Under Doctrine of Equivalents Infringement Standard

Automotive Engineering Expert Witness Case Summary

Initial Disclosures Cannot Await Expert Opinions

Journalists: How to Investigate Dangerous Heat in Prisons

Delaware Top Court Sides With Zantac Makers in Cancer Claims

CAFC Vacates Non-Infringement Ruling for Apple Due to District Court Error in Striking Expert Opinion

Other Barks & Bites for Friday, January 24: CAFC Reverses RDOE Noninfringement Ruling; EU Challenges China’s Global SEP Rate Setting Practices; and SCOTUS Nixes Cert Petition Challenging PTAB Paneling

Can You Sue For Emotional Distress In North Dakota Or Minnesota?

Federal Circuit: District Court Properly Struck Expert Testimony that Failed to Apply Agreed-Upon Claim Construction

CAFC Vacates Section 112 Indefiniteness Ruling, Sending St. Jude Medical Back to Court

Authentication of Surveillance Video by Lay Witness Under Silent Witness Doctrine

Judge Allows Testimony That Abbott, Mead Johnson Baby Formula Caused Disease

Federal Circuit Affirms Denial of JMOL, Partial Costs in Favor of Amazon

Evidence that can prove business losses due to legal malpractice

Request to Appoint Neutral Forensic Expert Denied as Speculative and Unsupported

Non-Testifying Consultant Subject to Discovery Where Testifying Expert Relied on Consultant’s Work

Visibility Expert Witness Case Summary

CAFC Vacates Summary Judgment Ruling in Third ParkerVision Appeal for Improper Collateral Estoppel Analysis

Weather & Meteorology Expert Witness Case Summary

Oral Arguments in Intel/VLSI Appeal Focus on Doctrine of Equivalents, Damages Calculation Issues

English FRAND Developments to Watch Out for in 2022

Relative Proportionality Argument Rejected

CAFC Judges Split on Indefiniteness Analysis for Identity Theft Patent

Lighting & Illumination Expert Witness Case Summary

Personal Injury Expert Witness Case Summary

CAFC Reverses January Decision Affirming Sufficient Written Description for Negative Claim Limitation Over Judge Linn’s Dissent

Traffic/Highway Safety Expert Witness Case Summary

Products Liability Expert Witness Case Summary

Ladders and Scaffolds Expert Witness Case Summary

Human Factors Expert Witness Case Summary

Sanctions for Failure to Comply With a Scheduling Order That Set Discovery Milestones

Mining Expert Witness Case Summary

Tree/Arborist Expert Witness Case Summary

Alcohol, Drug & DUI Testing Expert Witness Expert Witness

Skiing & Snowboarding Expert Witness Case Summary

OSHA Expert Witness Case Summary

IS DAUBERT GATEKEEPING MORE STRINGENT THAN EVER?

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