Litigation

Recent Posts

Littler Mendelson on Employment Law Class Actions, Second Edition, Just Released
Posted on 23 Jul 2012 by LexisNexis Litigation Resource Community Staff

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... Read More

Divided 8th Circuit Panel Readmits Plaintiff Expert On Short-Term Prempro Risk
Posted on 27 Jul 2012 by Tom Moylan

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... Read More

11th Circuit Affirms Exclusion Of Plaintiff Expert In First Seroquel Bellwether
Posted on 7 Apr 2010 by Tom Moylan

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... Read More

Entire Nexium MDL Closed After Expert Excluded; Defense Awarded Costs
Posted on 10 Oct 2014 by Tom Moylan

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... Read More

A Word Change Here And There and Voila! GlaxoSmithKline Has Itself 33 New Avandia Experts
Posted on 17 Aug 2010 by Tom Moylan

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... Read More

William A. Ruskin: Frye Decision In BMW Case Results In Exclusion Of Plaintiff's Experts
Posted on 25 Jan 2013 by William A. Ruskin

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... Read More

Expert Witness Resources
Posted on 10 Mar 2010 by LexisNexis Litigation Resource Community Staff

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... Read More

William A. Ruskin: Court Holds Spicy Meatball, Not Pesticide, Caused Plaintiff's Illness
Posted on 26 Jun 2013 by William A. Ruskin

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... Read More

Fulbright & Jaworski L.L.P.: Supreme Court Further Refines Proof Standards For Class Certification And Ups The Ante For Antitrust Plaintiffs
Posted on 12 Apr 2013 by Norton Rose Fulbright

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... Read More

California Appeals Court Reinstates $6.5 Million Actos Verdict; Expert Back In
Posted on 17 Jul 2015 by Tom Moylan

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 (... Read More

William A. Ruskin: Toxic Tort Plaintiff's Feet Held To Fire On Causation Evidence In New York
Posted on 1 Nov 2012 by William A. Ruskin

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... Read More

High Court Hears Oral Arguments In Antitrust Class Certification Case
Posted on 5 Nov 2012 by Joan Grossman

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... Read More

Supreme Court Denies Wyeth's Petition For Certiorari Over Punitive Damages Trial
Posted on 22 Jun 2010 by Shane Dilworth

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... Read More

William A. Ruskin: Environmental Diminution Of Property Value And The Creative Plaintiff Valuation Expert
Posted on 22 Apr 2014 by William A. Ruskin

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... Read More

11th Circuit Affirms Expert Exclusion In Shoulder Pain Pump Case
Posted on 12 Aug 2010 by Tom Moylan

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... Read More