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2006 BullsEye Expert Witness Newsletter Articles

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BullsEye Articles
To Daubert or not to Daubert
A federal judge's decision to exclude expert testimony may force hundreds of plaintiffs to drop their claims against Pfizer Inc. that the anti-inflammatory drug Celebrex caused them to suffer heart attacks or strokes.
12-06
Quick Guide to New Electronic Discovery Rules
Major revisions to the Federal Rules of Civil Procedure take effect Dec. 1, governing discovery of electronically stored information.
11-06
Florida High Court Curbs Expert Testimony
Putting to rest a question that had divided the state's courts, the Florida Supreme Court ruled Nov. 2 that an expert may not testify on direct examination that he relied on consultations with colleagues or other experts in forming his opinion.
11-06
CAFC OKs Expert Testimony on PHOSITA
In proving obviousness in patent litigation, expert testimony may be used to establish the knowledge that a person of ordinary skill in the art would have possessed at a given time, the U.S. Court of Appeals for the Federal Circuit ruled Sept. 6.
9-06
Work Product Ruling at Odds With ABA
Just 10 days after the American Bar Association voted for a rule to bar discovery of communications between attorneys and their experts, the 6th U.S. Circuit Court of Appeals became the second federal appellate court to require such disclosure.
9-06
Daubert Ruling Fuels Thimerosal Debate
A federal court ruling excluding all expert testimony that the drug-preservative thimerosal caused a minor child's autism is likely to have repercussions well beyond the case in which it came.
9-06
Mining a Business for IP Gold
Is your client mining the full commercial worth of its patent portfolio? Probably not. Even within major technology companies, veins of IP gold often go undiscovered.
7-06
Federal Circuit OKs Fluid Dynamics Expert
Expert testimony involving the science of computational fluid dynamics (CFD) is admissible to prove patent infringement, the U.S. Court of Appeals for the Federal Circuit decided June 1.
7-06
Lawyers Love IMS Service, Results
Lawyers who use IMS ExpertServices are so satisfied with the results that 100 percent of them would recommend the company to a colleague.
7-06
Cases Hinge on Insurers' Duty of Good Faith and Fair Dealing
Insurance companies won one and lost one in two recent appeals of multi-million-dollar punitive damages awards.
6-06
Ruling Clears Way for Computer Animations
If a picture is worth a thousand words, then a computer-generated animation is no doubt a powerful courtroom tool.
5-06
'Gatekeeper' Review must be More Than Cursory
A federal judge's one-sentence conclusion that a witness qualified to testify as an expert was not enough to show that he had correctly exercised his "gatekeeper" function under Daubert, the 7th U.S. Circuit Court of Appeals decided.
5-06
The Se7en Deadly Expert Sins
Envy, sloth and gluttony may have little relevance to the litigation arena, but lawyers have their own set of sins they commit in working with expert witnesses, and they can be just as deadly for a case or a client.
5-06
IMS Expert Services serves 89% of the AmLaw 100
IMS ExpertServices has broken new ground. As of January 2006, 89% of the AmLaw 100 are IMS clients. "Our reliable delivery of unique experts has made us the premier expert search firm in the country," explains Bill Wein, IMS Sr. Vice President.
3-06
Federal Circuit Issues a Caution on Costs
Can a prevailing party in patent litigation recover the costs of preparing trial exhibits that its expert witnesses used to explain its case to the jury and the court?
2-06
Policyholders Chip Away at Flood Exclusions
After every major disaster involving extensive flooding, politicians and class-action lawyers take aim at the flood exclusion in homeowners' policies, looking for ways to overcome decades of legal precedent supporting the exclusion.
1-06
Advocates' Arguments Prove Instructive for Defense Lawyers
After every major disaster involving extensive flooding, politicians and class-action lawyers take aim at the flood exclusion in homeowners' policies, looking for ways to overcome decades of legal precedent supporting the exclusion.
1-06
The Two Most Common Mistakes Lawyers Make in Using IP Experts
The two most frequent mistakes intellectual property lawyers make while working with an expert witness are polar extremes of each other, but either can severely undermine the strength of a case.
1-06
We Want to Hear, What Gets Your Goat?
All is well with the legal world, right? Your peers are polite, judges are judicious and jurors are fair. Rules require no reform, statutes are sound and case law is consistent. You have no reason to complain about any aspect of your practice.
1-06
Are Lawyers Picking the Wrong Experts?
In choosing an expert in patent litigation, the lawyer's gut instinct is often as important as the expert's scientific savvy.
1-06

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