Topic
Expert Testimony
567 published works
Energy and Environmental Trends Watch
New Jersey Appellate Division Makes Clear Experts Must Demonstrate a Scientifically Recognized Methodology
Jane Thomas Recently, the New Jersey Appellate Division, in Dorrell v. Woodruff Energy, Inc.,[1] vacated a 2018 judgment against Chevron U.S.A., Inc. (“Chevron”) that had found Chevron liable for gasoline…
Paul W. Mollica Federal Courts Blog
Fourth Circuit Provides Guidance on the Division of Bench and Jury Duties in an Eminent Domain Proceeding under Fed. R. Civ. P. 71.1(h), Noting a Split with the First Circuit
In Mountain Valley Pipeline, LLC v. 9.89 Acres of Land, No. 23-2129 (4th Cir. Jan. 27, 2025), the Fourth Circuit addresses an issue of apparent first impression about the division…
Tort Talk
Superior Court Reaffirms The Law on Limitations To Scope of Expert Opinions By Treating Physicians
In the case of Kunkel v. Abington Memorial Hospital, No. 2024 Pa. Super. 298 (Pa. Super. Dec. 13, 2024 Stabile, J., Lane, J., and Lazarus, J.) (Op. by Stabile, J.)…
Drug & Device Law
New Jersey’s Net Opinion Rule Catches Up to Plaintiff’s Experts in Manufacturing Defect Case
Defendant in Beavan v. Allergan U.S.A., Inc., 2014 N.J. Super. Unpub. LEXIS 2898 (N.J. App. Nov. 21, 2024) made two solid arguments for summary judgment – preemption based on the…
Taft Class Action & Consumer Insights
To Daubert or not to Daubert — That Is the Question: Sixth Circuit Weighs in on Expert Standards at Class Certification
In 1993, the U.S. Supreme Court established the standard for determining the admissibility of expert testimony in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579. That decision immediately gave rise…
A Pursuit of Justice
THE INTERSECTION OF ADVOCACY AND FINANCIAL FORENSICS: THE ROLE OF THE EXPERT IN 21 ST CENTURY DISPUTE RESOLUTION
By Steven Platt
(Revisited and Revised) INTRODUCTION: Almost five years ago I penned an article similarly titled which some years later was published in NACVA’s “QuickRead.” In that article, I described what, at…
Tort Talk
Expert Not Permitted to Testify as to the Requirements of the Law
In the case of Major v. Five Star Equipment, Inc., No. 2020-CV-3550 (C.P. Lacka. Co. Nov. 15, 2024 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of…
Drug & Device Law
Minimal Level of Exposure Critical to General Causation
In re Deepwater Horizon Belo Cases, -- F.4th --, 2024 WL 4522690 (11th Cir. Oct. 18, 2024), is not a drug or device case. It is the Eleventh Circuit’s review…
PTABWatch
Timeless Expertise: Expert Testimony Precedent in Osseo Imaging
To offer expert testimony from the perspective of a skilled artisan in a patent case—like for claim construction, validity, or infringement—a witness must at least have ordinary skill in the…
New York Commercial Division Practice
Court Permits Expert Reports with Disclosure Gaps but Recognizes Limits on Trial Testimony
My colleague Matt Donovan recently wrote about the requirements of Commercial Division Rule 13(c) and highlighted certain decisions in which expert reports were precluded for non-compliance. This week’s post looks…