Topic
Expert Testimony
565 published works
Discovery: The DISCO Blog
Daubert vs Frye: Standards for Expert Testimony | DISCO
By DISCO
Compare Daubert vs Frye, including assessment criteria, the 2023 Rule 702 update, and real case examples.
Zalma on Insurance
Expert Report Must Be Admissible or it Will be Excluded
By Barry Zalma
No Breach of Contract no Bad Faith A Party Cannot Designate One Witness While Submitting An Undifferentiated Product Of That Witness And An Undesignated Collaborator. Post 4568 In Dustin Cain;…
California Attorney's Fees
Experts, Quantum Meruit: Lower Court’s Exclusion Of Quantum Meruit Expert Testimony For Plaintiff Reversed On Appeal
Factual Issues Were At Issue, With The Lodestar Methodology Being Appropriate To Use As Well As New York Outside Counsel’s Rates With Respect To Gauging Reasonableness Of In-House Counsel Plaintiff’s…
Drug & Device Law
Nevada Court Exorcises Three Expert Reports
Johnny Cash sang about ghost riders in the sky. In a federal courtroom in Las Vegas earlier this month, we got the litigation version: ghost writers in the sky —…
Inside Class Actions
Ninth Circuit Vacates Class Certification Based on Insufficiently Reliable Damages Model
The Ninth Circuit recently reiterated that plaintiffs seeking class certification cannot show damages are susceptible to common proof by “[m]erely gesturing” at a damages model or “describing a general method”…
Bracewell LLP
Could Your Adviser’s AI Prompts End Up in Court?
By Bracewell
The growing use of AI in expert analyses is creating new questions about privilege, discoverability and the reliability of expert testimony. As courts and practitioners grapple with these issues, experts…
California Eminent Domain Report
Rule 702 Gatekeeping in Arizona Eminent Domain – Recent Developments
Arizona eminent domain cases often turn on appraisal opinions – market value, highest and best use, severance damages. For years, practitioners and the courts have operated under the assumption that…
Drug & Device Law
702 Exclusion in the Zimmer Taper Hip MDL
By Eric Hudson
Today’s post is from the Zimmer hip prothesis MDL, which appears to be winding down and which we’ve blogged about here. It’s a Rule 702 decision that excluded a treating…
Tortini
Acetaminophen – No Cure for Bad Jurisprudence – Part 1
INTRODUCTION Two weeks ago, the Second Circuit reversed the summary judgment entered by Judge Denise Cote, in the acetaminophen autism litigation. Judge Cote had excluded the plaintiffs’ expert witnesses on…
Drug & Device Law
Third Circuit Upholds Rule 702 Admissibility of Probabilistic Genotype Evidence
Emile Bove’s nomination to the Third Circuit was controversial. We do not know enough about that controversy to offer an opinion, but we know it was about politics, and there…