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

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

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

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

E-Discovery LLC

JANUARY 28, 2025

24, 2025), the court imposed sanctions on a pro se litigant who, in the courts words, has engaged in unseemly behavior towards counsel as well as improper discovery litigation. In part, Mr. Rivera filed a motion to To obtain the appointment of a neutral expert in computer forensics. In Rivera v. UPS Ground Freight, Inc.,

Discovery

Newport Beach California Business Litigation Law B

FEBRUARY 12, 2025

When attorneys fail to meet their obligations, it can result in major financial losses, such as significant revenue decline or business closure due to costly litigation or a damaged business reputation. Expert testimony: An accountant or financial analyst can provide an objective assessment of your losses.

Evidence

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

E-Discovery LLC

MAY 27, 2025

The principal function of a scheduling order is to move the case efficiently through the litigation process by setting specific dates or time limits for anticipated litigation events to occur. The Court wrote that the purpose of scheduling orders is to maximize judicial efficiency and minimize judicial inefficiency.

Discovery

E-Discovery LLC

SEPTEMBER 25, 2024

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. That is a very rigorous process, often necessitating expert testimony.

Discovery

Expert Witness Blog

MARCH 10, 2025

In the case of In re: Paraquat Products Liability Litigation , MDL No.

Witnesses

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

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

Complex Discovery

SEPTEMBER 11, 2024

Understanding how courts may handle AI-generated evidence will be crucial for those responsible for managing digital content, ensuring data integrity, and navigating complex litigation involving digital forensics. Deepfake evidence, even when suspected to be inauthentic, could sway jurors, highlighting the need for rigorous pretrial scrutiny.

Evidence

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

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

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

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

The Cloud Court Blog

FEBRUARY 24, 2023

Now, Gibson is more than a tool; it’s a partner for any litigator that augments their ability to devise deposition strategies and tactics and improve outcomes. (We We say that it helps you with "Moneyballing" litigation by optimizing every iota of testimony data and performance data to drive better results. What’s the problem?”

Depositions

CaseFox

NOVEMBER 27, 2023

Over time, legal frameworks developed to address these concerns, forming the foundation for contemporary exposure litigation. High-profile incidents, such as Love Canal and asbestos-related diseases, prompted regulatory changes and a surge in environmental and occupational health litigation.

Litigation

Newport Beach California Business Litigation Law B

MARCH 20, 2025

What damages are available for this type of claim? Financial awards can include the loss as well as additional legal fees incurred in the legal malpractice case.

Real Estate

Complex Discovery

AUGUST 5, 2024

Investigative Services and Expert Testimony : For investigation, analysis, and report generation, 45.9% Expert witness testimony commands higher rates, with 49.2% In terms of investigative services and expert testimony, the market has seen a slight shift towards lower and alternative pricing models.

Technology

3 Geeks and a Law Blog

OCTOBER 16, 2023

As a former litigator, Schafer experienced firsthand the frustrating scramble to finalize briefs and prepare filings. Looking ahead, Schafer expects to expand ClearBrief’s features to assist paralegals along with corporate attorneys beyond litigation. So Jackie, welcome to The Geek in Review. It’s good to have you here.

Evidence

IP Watchdog

APRIL 4, 2022

On April 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a summary judgment decision by the U.S.

Construction

Complex Discovery

MAY 29, 2025

First, acknowledged AI-generated evidence refers to instances where both parties in litigation agree that the content was created or processed using AI. Judges should be prepared to issue protective orders for proprietary AI technologies and require qualified expert testimony to explain how content was created or manipulated.

Evidence

Jury Analyst

MAY 19, 2023

Moreover, it explores the significance of scientific jury analysis in helping lawyers and litigators navigate the potential biases stemming from media exposure , empowering them to devise effective strategies. Expert testimony can provide jurors with a balanced perspective, helping them navigate through the biases created by media coverage.

Jury Selection

Practice of Law

OCTOBER 15, 2024

There, plaintiffs were allowed to present expert testimony on the cancer link. The pharma companies claimed that the testimony lacked scientific validity, and appealed to a higher court to get over 70,000 lawsuits dismissed over bad evidence. Boehringer Ingelheim faces ongoing litigation, while also denying any wrongdoing.

Manufacturing

IP Watchdog

SEPTEMBER 25, 2024

In a rare grant of en banc rehearing, the U.S. Court of Appeals for the Federal Circuit (CAFC) today agreed to revisit a June 2024 precedential decision that affirmed a district court’s orders in favor of EcoFactor, Inc. against Google, whose appeal in part asked for a new trial on damages due to prejudicial error.

Precedent

IP Watchdog

SEPTEMBER 4, 2024

USA’s attempt to argue that a person of ordinary skill in the art (POSITA) must have had the requisite experience to qualify as an expert at the time of invention, rather than as of the time of testimony. Court of Appeals for the Federal Circuit (CAFC), in a precedential decision, today rejected Planmeca Inc.

Expert Testimony