Litigation

Recent Posts

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

You'd Better Have A Real Expert If You're Making A Malpractice Claim In N.C. Business Court
Posted on 3 Dec 2010 by Mack Sperling

The Business Court dismissed a legal malpractice claim right before Thanksgiving last week in Inland American Winston Hotels, Inc. v. Winston , 2010 NCBC 19 . Judge Tennille found Plaintiff's expert, a Duke Law School professor, to be incompetent... Read More

John Castellano On Williams v. Illinois: Supreme Court to Decide Admissibility Under Confrontation Clause of Expert Testimony of DNA Results
Posted on 22 Nov 2011 by John M. Castellano

In Williams v. Illinois , the Supreme Court is poised to consider a critical Confrontation Clause issue that may determine the admissibility of DNA test results in thousands of prosecutions across the country. In this commentary, John Castellano, a 28... Read More

Expert’s ‘Each Exposure’ Testimony Not Novel, Maryland Top Court Says
Posted on 26 Jul 2013 by Bryan Redding

BALTIMORE — (Mealey’s) Expert testimony that each exposure to chrysotile asbestos increased a woman’s risk of mesothelioma is not a novel scientific theory given the levels of exposure at issue, Maryland’s top court held July 25... Read More

Supreme Court Will Review Class Certification In Comcast Antitrust Case
Posted on 25 Jun 2012 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 25 agreed to decide "[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

2nd Circuit Upholds Fosamax Bellwether Defense Verdict
Posted on 31 Jan 2013 by Tom Moylan

NEW YORK - (Mealey's) A defense verdict for Merck, Sharp & Dohme in the fourth federal Fosamax jaw injury trial was upheld Jan. 30 by the Second Circuit U.S. Court of Appeals, which found that the trial court didn't err in excluding a plaintiff... Read More

Epstein Becker & Green: Suspect Toxic Mold Suit Reinstated
Posted on 22 Mar 2012 by William A. Ruskin

By Andrea J. Lawrence Guest Blogger ANDREA J. LAWRENCE is a Senior Counsel at Epstein Becker & Green in New York. She provides legal advice and counsel to clients in the real estate industry. Andrea has extensive commercial litigation experience... Read More

Pennsylvania High Court Rejects 'Any Exposure' To Asbestos Causation Theory
Posted on 24 May 2012 by Bryan Redding

HARRISBURG, Pa. - (Mealey's) An expert's testimony that "any exposure" to asbestos substantially contributes to mesothelioma irreparably conflicts with his testimony that mesothelioma is a dose-response disease, the Pennsylvania Supreme... Read More

Testimony Of Financial Expert On Lost Profit Damages Excluded By North Carolina Court
Posted on 14 Feb 2013 by Mack Sperling

The case of Blythe v. Bell is like the gift that keeps on giving. It generated two significant opinions last year, and this week a third and a fourth. The July 2012 opinion was a major e-discovery decision, and the December 2012 opinion addressed an important... 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