LexisNexis® Legal Newsroom
LexisNexis Introduces LexisNexis Litigation Profile Suite

LexisNexis , a global provider of content-enabled workflow solutions, introduced LexisNexis Litigation Profile Suite - a dynamic set of capabilities that quickly reveals facts related to a case as well as information on key players involved to help legal professionals sharpen their litigation strategies...

LexisNexis Introduces LexisNexis Litigation Profile Suite

LexisNexis , a global provider of content-enabled workflow solutions, introduced LexisNexis Litigation Profile Suite - a dynamic set of capabilities that quickly reveals facts related to a case as well as information on key players involved to help legal professionals sharpen their litigation strategies...

Vermont Workers' Compensation Update: January to March 2011

Anne Noonan has been named the new Commissioner of the Department of Labor. Ms. Noonan has experience in the VT workers' compensation arena with her prior work with the VSEA. Mary Sarazin, formerly an attorney with Chip Powell's office, has taken a position with the Department as a Specialist...

"How Many Doctors Does It Take....?" – Delaware Superior Court Awards Multiple Medical Witness Fees Where One Petition Falters

A shout out to claimant attorney Mike Galbraith. I asked for some help these next few weeks with highlighting cases and he stepped up with not one, but two. Since I only deem the one blog worthy (and since the other is currently on appeal to the DE Supreme Court), today you get to hear about Sandra Nichols...

“Millions for Defense and not a Dime for Tribute.” Attempted Fraud Fails

By Barry Zalma, Attorney and Consultant Insurers Must Never Pay a Fraud When I was a young adjuster the motto of the insurance industry was "Millions for Defense and not a Dime for Tribute." Fraud was known but not a large problem. Police officers, when advised of fraud, would investigate...

New Enhancements Now Available At Lexis.com

You asked and WE LISTENED - new enhancements now available at www.lexis.com . Several new enhancements were released this week based on your feedback which include: E-Mail Forgotten ID LexisNexis ID can be retrieved just like forgotten passwords...without a call to customer support. Just...

Drug Company Lawyer Taped Trying To Foil Lawsuit

WASHINGTON, D.C. - (AP) International business can be an ethical jungle, but it's rare to get details of bare-knuckle tactics on tape. According to a recording and sworn testimony provided to The Associated Press, a lawyer in Mexico for a leading U.S. drug manufacturer offered to pay an opposing...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

MO: Claimant Loses Permanent Total Claim When Her Vocational Expert Concedes She Can Be Trained As Cashier

The court of appeals rejected claimant's PTD claim against the second injury fund based on inconsistent opinions of her vocational expert. Carkeek v Treasurer of the State of Mo. , WD 73377 (Mo. App. Oct. 11, 2011) (Free Download), affirmed an award of PPD but a denial of PTD benefits awarded by...

Texas: City of Port Arthur v. Brown

This case [ 2011 Tex. App. LEXIS 7881 ] concerns when a jury can disregard the testimony of the only expert who provided opinions or testimony to a jury. Tanner Brown was a City of Port Arthur (City) employee injured during a low-impact collision while riding in a city-owned vehicle. The injured worker...

SNR Denton on James River Insurance Co v. Rapid Funding, Inc.: Inadmissible Expert Opinions May Not Be Presented as Lay Opinions

By William T. Barker, Partner, SNR Denton Expert opinions are admissible only if they satisfy usually stringent standards. But lay opinions are admissible in some circumstances. In James River Insurance Co v. Rapid Funding, Inc., 658 F.3d 1207 (10th Cir. 2011), an insurance bad faith case, the...

Beware the Copyright Boogeyman: He Might Be Listening in Your Restaurant

It goes without saying that an establishment's music is there for the listening patrons. But amongst those patrons - beware! The audience might contain an infiltrator - a listening witness. And while this witness might not be the boogeyman's equivalent, he or she could prove very scary in...

3 Easy Steps To Expert Witness Research On Lexis Advance!

Lexis Advance TM provides a wealth of information on expert witnesses! 1. Simply use your pre-search filters under "Content Types" and select "Expert Witness Analysis." 2. Then enter your expert's name in the red search box and search! 3. Use your "Post Search...

William A. Ruskin: Plaintiff's Failure To Disclose Expert Prior To Summary Judgment Proves Fatal

By William A. Ruskin In Akron Scott v. Westmore Fuel Company, Inc . (6/14/12) [ enhanced version available to lexis.com subscribers ], the Appellate Division, First Department, examined the timing of plaintiff's tardy expert disclosure. In that case, plaintiff disclosed his expert for the first...

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...

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...

Airplane Head Injury, Zone of Danger, Sudden and Extraordinary: Cal. Comp. Cases January Advanced Postings (1/15/2014)

Here’s the third batch of advanced postings for the January 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. SNCC for Lam Research Corporation...

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...

Expert Must Explain Conclusions: Conclusory Affidavit Not Evidence

An expert witness, providing an affidavit in opposition to a motion for summary judgment, must provide the same type of testimony he or she would provide if called as a witness at trial. Information known to the expert and the basis of the expert’s testimony will be ignored if it is simply conclusory...

6 Critical Steps To Thoroughly Vet An Expert Witness

Expert Research Best Practices Seminar and $10 Gourmet Coffee Card Exclusively for Paralegals! Join LexisNexis® for a complimentary Expert Witness Research Best Practices Seminar where you will learn how to vet expert witnesses thoroughly, more efficiently and cost-effectively, with LexisNexis®...

Missouri: No Comp Benefits For a Prosecutor's Ordinary Stress

A state prosecutor worked for nine years at Jackson County and claims working too hard made him depressed, impaired his ability to concentrate and rendered him unemployable. Kersten v Jackson County , 2015 Mo WCLR Lexis 19 (lexis.com), 2015 Mo WCLR Lexis 19 (Lexis Advance) (March 5, 2015). Jackson County...

March 2014 Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During February 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. We’ve come up with an informal list of the top five cases that really captured our attention this past month. If you are interested in submitting...

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...

Mark R. Vespole on Townsend v. Pierre, 221 N.J. 36 (2015)

By Mark R. Vespole In Townsend v. Pierre , the New Jersey Supreme Court issued a key decision interpreting the New Jersey Rules of Evidence as to the admissibility of expert testimony. The more seminal aspect of the decision is its practical impact on how courts deal with summary judgment motions;...

The Battle Over Reliable Expert Testimony: Florida Courts May Stop Using Daubert, But Not in Workers’ Compensation

By Jennifer C. Jordan, Esq., General Counsel, MEDVALL, LLC On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee’s (CREC) recommendation to use the Frye standard for evaluating expert testimony rather than the Daubert standard adopted...