LexisNexis® Legal Newsroom
You'd Better Have A Real Expert If You're Making A Malpractice Claim In N.C. Business Court

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 to testify to the Defendant lawyer's alleged breach...

John Castellano On Williams v. Illinois: Supreme Court to Decide Admissibility Under Confrontation Clause of Expert Testimony of DNA Results

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-year veteran of criminal practice, discusses the...

Epstein Becker & Green: Suspect Toxic Mold Suit Reinstated

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, and has provided legal representation to real estate...

Pennsylvania High Court Rejects 'Any Exposure' To Asbestos Causation Theory

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 Court held May 23 in finding that a judge properly...

Supreme Court Will Review Class Certification In Comcast Antitrust Case

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, to show that the case is susceptible to awarding...

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.,...

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...

2nd Circuit Upholds Fosamax Bellwether Defense Verdict

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 expert or in its trial rulings ( In Re: Fosamax...

Testimony Of Financial Expert On Lost Profit Damages Excluded By North Carolina Court

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 issue about the assignment of LLC interests...

Expert’s ‘Each Exposure’ Testimony Not Novel, Maryland Top Court Says

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 ( Bernard Dixon, et al. v. Ford Motor Co. , No....

This Is Real Law: Expert Witness Malpractice: Making The Case For—And Against—Civil Liability

Captain Corcoran was never, never sick at sea. Well, hardly ever —as audiences familiar with Gilbert and Sullivan’s beloved 1878 comic opera H.M.S. Pinafore know so well. Indeed, they eagerly await the moment early in the opera when, challenged in song by his gallant crew, the ship’s...