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Expert Witness Resources

LexisNexis offers a full portfolio of products, content and services to help attorneys identify the strengths and weaknesses of an expert and enhance favorable outcomes. Expert Witness Resources From LexisNexis® The outcome of a case often rides on the credibility (or lack thereof) of an expert...

11th Circuit Affirms Exclusion Of Plaintiff Expert In First Seroquel Bellwether

ATLANTA — (Mealey’s) The sole causation expert for the first bellwether plaintiff in the Seroquel multidistrict litigation failed to rule out other causes of weight gain and diabetes, a panel of the 11th Circuit U.S. Court of Appeals said April 7 in affirming summary judgment ( Linda Guinn...

Supreme Court Denies Wyeth's Petition For Certiorari Over Punitive Damages Trial

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 21 denied Wyeth's petition for a writ of certiorari seeking reversal of the Eighth Circuit U.S. Court of Appeals ruling allowing a punitive-damages-only trial for a woman claiming that her use of Prempro contributed to her development...

11th Circuit Affirms Expert Exclusion In Shoulder Pain Pump Case

ATLANTA - (Mealey's) A panel of the 11th Circuit U.S. Court of Appeals on Aug. 12 affirmed the exclusion of a plaintiff expert in a case against the manufacturer of a drug infusion pump ( Douglas C. Kilpatrick v. Breg, Inc. , No. 09-13813, 11th Cir.). Douglas C. Kilpatrick underwent shoulder surgery...

A Word Change Here And There and Voila! GlaxoSmithKline Has Itself 33 New Avandia Experts

So you saw the words "$2.36 billion," "settlement," and "Avandia" used in the same sentence and you think the litigation is over? Well, the old gal's still kicking and nowhere was that more apparent that in GSK's Aug. 9 "overview memorandum" trying to...

William A. Ruskin: Daubert On The Defense?

By William A. Ruskin We discussed in an earlier article how the Reference Manual for Scientific Evidence , published by the Federal Judicial Center, has become an indispensable tool for judges in managing cases involving complex scientific and technical evidence. The manual describes key scientific...

Littler Mendelson on Employment Law Class Actions, Second Edition, Just Released

Written by the attorneys of Littler's Class Action Practice Group, Employment Law Class Actions provides a comprehensive review of the strategic, procedural and legal issues that arise in such matters. The Second Edition includes an extensive expansion and reorganization of the publication and features...

Divided 8th Circuit Panel Readmits Plaintiff Expert On Short-Term Prempro Risk

ST. LOUIS - (Mealey's) In a 2-1 ruling July 26, the Eighth Circuit U.S. Court of Appeals reversed summary judgment in two Prempro bellwether cases that involve the risk of breast cancer in women who took the hormone replacement therapy drug for less than three years ( Pamela Kuhn v. Wyeth, Inc.,...

William A. Ruskin: Toxic Tort Plaintiff's Feet Held To Fire On Causation Evidence In New York

By William A. Ruskin New York's appellate courts continue to hold toxic tort plaintiffs and their experts to rigorous standards when it comes to proof of causation. To escape an adverse summary judgment ruling, it is not enough for a plaintiff to merely allege, with the support of an expert, that...

High Court Hears Oral Arguments In Antitrust Class Certification Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 5 heard oral arguments on "[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to...

William A. Ruskin: Frye Decision In BMW Case Results In Exclusion Of Plaintiff's Experts

By William A. Ruskin In a thoughtful decision handed down in Reeps v. BMW of North America, LLC , 2012 N.Y. Slip Op.33030(u) [ enhanced version available to lexis.com subscribers ], on December 16, 2012 in New York County Supreme Court, the Hon. Louis B. York excluded the expert testimony of plaintiff's...

Fulbright & Jaworski L.L.P.: Supreme Court Further Refines Proof Standards For Class Certification And Ups The Ante For Antitrust Plaintiffs

On March 27, 2013, the U.S. Supreme Court issued its long-awaited opinion in Comcast Corp. v. Behrend (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) , addressing the quality of proof needed to satisfy Federal Rule of Civil Procedure 23's rigorous requirements...

William A. Ruskin: Court Holds Spicy Meatball, Not Pesticide, Caused Plaintiff's Illness

By William A. Ruskin In an Opinion and Order, dated May 31, 2013, the Hon. Sandra J. Feuerstein granted summary judgment to a defendant pesticide manufacturer after determining that plaintiff''s expert failed to meet the reliability requirements of Rule 702 and Daubert, in Mallozzi v. EcoSMART...

William A. Ruskin: Environmental Diminution Of Property Value And The Creative Plaintiff Valuation Expert

By William A. Ruskin When a homeowner brings a multi-count toxic tort case alleging that a corporate defendant’s discharge of toxic substances from its facility contaminated his property, the diminution of property value claim is often the only element of damages subject to objective determination...

Entire Nexium MDL Closed After Expert Excluded; Defense Awarded Costs

LOS ANGELES — (Mealey’s) The California federal judge overseeing the Nexium bone injury multidistrict litigation on Oct. 8 entered judgment in favor of manufacturer defendant AstraZeneca Pharmaceuticals LP and related entities and against all plaintiffs and ordered that the defendants “shall...

California Appeals Court Reinstates $6.5 Million Actos Verdict; Expert Back In

LOS ANGELES — (Mealey’s) A California appeals court panel on July 16 reinstated a $6.5 million Actos bladder cancer verdict, finding that the trial court erred in excluding the plaintiffs’ causation expert in a post-verdict ruling ( Nancy Cooper, et al. v. Takeda Pharmaceuticals America...