Topic
Expert Testimony
566 published works
Drug & Device Law
W.D. Washington Keeps Plaintiff’s Expert In Her Lane
From a doctrinal standpoint, courts rely on a well-established principle: experts are permitted to testify to assist the fact-finder, not to persuade them with rhetorical flourish. Federal Rule of Evidence 702 permits experts to…
Zalma on Insurance
Courts Works to Limit Expert Testimony to that Aids Jury
By Barry Zalma
Motions in Limine Used to Limit Trial and Expert Testimony Post 5116 See the full video at https://rumble.com/v6vxv5g-courts-works-to-limit-expert-testimony-to-that-aids-jury.html and at https://youtu.be/DkMpKnnyrB4 Trial Judge Must Limit Experts to Testimony that will…
Drug & Device Law
Rule 702 Gatekeeping by En Banc Panel of the Federal Circuit
By Eric Hudson
We’ve written a lot about the recent amendment to Federal Rule of Evidence 702. As noted here, the amendment (1) mandates that the court must determine the admissibility of evidence…
Intellectual Property Law Blog
Federal Circuit Addresses District Court Oversight of Expert Testimony on Infringement
By Don Geiger
In Steuben Foods Inc. v. Shibuya Hoppmann Corporation, the Federal Circuit addressed the boundaries a district court may impose on experts by deeming their testimony wrong as a matter of…
Commercial Case Notes
Experts May Rely on Work of Associates They Supervise
By John Lundin
On April 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Homapour v. 3M Props., LLC, 2025 NY Slip Op. 31354(U), holding that experts…
PTAB Litigation Blog
Expert Testimony Supporting POPR Can Be An Effective Strategy
By Sue Gerber
Visit Jones Day's PTAB Litigation blog at www.ptablitigationblog.com. By Sue Gerber – It is relatively uncommon for parties to submit expert declarations in the preliminary-response phase of an IPR proceeding,…
The Patent Playbook
Federal Circuit Affirms That Expert Testimony Must Be Based on Competent and Reliable Evidence
Mirror Worlds Technologies, LLC (“Mirror Worlds”) sued Meta Platforms, Inc. (“Meta”)—formerly Facebook, Inc.—in the Southern District of New York for patent infringement. The lawsuit involved three patents related to storing,…
Tort Talk
Court Addresses Admissibility of Expert Testimony Under the Federal Employer's Liability Act
In the case of Lindsay v. Delaware and Hudson Railway Co., Inc., No. 2019-CV-3949 (C.P. Lacka. Co. March 3, 2025 Nealon, J.), the court addressed a pre-trial Motion In Limine…
Legal Theory Blog
Sayid on Aboutness and Diaz v. United States
Cosim Sayid (Rutgers Institute for Law and Philosophy) has posted Law, Language, and Aboutness: Diaz v. United States as Case-Study (Mississippi Law Journal (accepted)) on SSRN. Here is the abstract:…
Pro Te: Solutio
Turning Up the Heat? Pressure Testing Scientific Theories in Science Days, Rule 702 Hearings, and the Hot Tub
By Butler Snow
Introduction Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk…