Denial of Cert in ‘Junk Science’ Case Leaves Lawyers Reeling

Posted by Robert Ambrogi on 2012/02/21 No Responses »
Feb 212012

A mystery of American jurisprudence is the denial of certiorari. This is when the U.S. Supreme Court declines to hear an appeal – known as a petition for certiorari. The mystery is that the court provides no explanation for its denial. And, as the court itself has said, its denial “imports no expression of opinion upon the merits of the case.” In other words, denial of certiorari is neither an endorsement nor a rejection of the lower court’s ruling.

It is precisely that problem – the problem of not knowing what the Supreme Court thinks – that has many defense lawyers reeling after the court denied certiorari in U.S. Steel Corp. v. Milward on Jan. 9. Continue reading »

A Peek "Under the Hood” of America Invents

Posted by Maggie Tamburro on 2012/02/14 No Responses »
Feb 142012

Last September President Obama signed into law the Leahy-Smith America Invents Act which amounted to the most sweeping reform to U.S. patent law in almost 60 years. With large industry support from the likes of Apple, Facebook and Google, the Act passed by wide margins in both the Senate and the House prior to becoming law. The Act sought to bring our outdated body of patent law up to speed with today’s technology. Proponents of the Act are hopeful it will reduce the costs of litigation, promote increased innovation, and bolster sagging U.S. job growth.

Although the so-called “first to file” provision has grabbed the spotlight, the Act includes other important reform measures that arguably demand serious consideration from those practicing in the field. Continue reading »

Class-Action Defendants Get No Break in Daubert

Posted by Robert Ambrogi on 2012/02/06 No Responses »
Feb 062012

Courts in recent years have struggled with determining the correct standard to apply to expert testimony pertaining to class certification. Is a full Daubert hearing required at this stage or something less? The question has divided the circuits and seemed headed for an answer from the Supreme Court until the court sidestepped the issue in its 2011 opinion, Wal-Mart Stores Inc. v. Dukes. Continue reading »

Daubert Challenges Up 250%

Posted by Maggie Tamburro on 2012/01/31 3 Responses »
Jan 312012

Are Daubert challenges really weeding out “junk science” and “pseudoscience” in the courtroom, or could it be that they are actually scaring off good, competent experts? Given the numbers alone, one can’t help but wonder. Continue reading »

10 Predictions for Litigation in 2012

Posted by Robert Ambrogi on 2012/01/24 No Responses »
Jan 242012

For litigation professionals, 2012 is already shaping up to be a year of “more” – more lawsuits, more regulatory investigations, more discovery disputes and more demand for experts in a range of specializations. The one area where “less” will predominate will be in spending, as corporate clients continue efforts to rein in legal spending.

We have no crystal ball, but based on our analysis of trends, we offer these 10 predictions for how litigation will play out over the coming year. Continue reading »

"Junk Science" Costs Patent Plaintiff $4.7M

Posted by Robert Ambrogi on 2012/01/16 8 Responses »
Jan 162012

Using “junk science” in litigation can cost you. A medical device company learned that lesson the hard way earlier this month, when the Federal Circuit Court of Appeals affirmed a $4.7 million award of attorney and expert witness fees against the company for filing a baseless patent infringement lawsuit and for relying on expert testimony that failed to meet the legal requirements for scientific reliability. Continue reading »

Presentation Skills are Golden

Posted by IMS ExpertServices on 2012/01/10 No Responses »
Jan 102012

More than 95% of civil cases in the United States federal court system settle before they ever reach a court room. In the early phases of a case, when the strength (or weakness) of your settlement position can change daily, you want the most credentialed expert to write the most detailed expert report to strengthen your position.  But if your case is one of the few that makes it through to be presented before a jury, your expert’s extensive credentials may not be enough. Continue reading »

Three Things to Know About Rule 26

Posted by IMS ExpertServices on 2012/01/03 1 Response »
Jan 032012

In the world of expert witnesses, staying up to date on Rule 26 is vital.  Not following requirements for disclosure and expert reports can break your case. Continue reading »

Happy Holidays

Posted by IMS ExpertServices on 2011/12/28 No Responses »
Dec 282011

IMS ExpertServices would like to wish all our readers a sweet and prosperous 2012!

The Top 10 Expert Rulings of 2011

Posted by Robert Ambrogi on 2011/12/16 No Responses »
Dec 162011

Two Supreme Court opinions top our annual list of the year’s most important cases involving expert witnesses. While one of the Supreme Court cases makes the list for what the court did, the other is included for what the court did not do.

Also on the list are two Federal Circuit cases that provide further guidance for attorneys and experts in patent litigation, two circuit cases that push the boundaries of Daubert, a mass-tort case right out of a John Grisham novel, and even a case from across the pond that is causing ripples here in the U.S.

As always, we welcome your feedback. Let us know what you think of our picks and of any cases you believe should be listed here. Continue reading »

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