Does Daubert Equal Summary Judgment?

Posted by Maggie Tamburro on 2012/02/28 Comments Off
Feb 282012

It seems much legal attention has been devoted to Daubert lately – and with good cause. From the 1st Circuit’s Milward opinion last March allowing a less stringent “weight of the evidence” methodology – an approach previously rejected in a 5th Circuit case – to a reported increase in challenges, Daubert seems to be dominating legal headlines.

As the role of experts becomes all the more critical in the world of litigation, many legal commentators are now pondering if a Daubert challenge has become the new summary judgment. In cases requiring expert testimony, courts seem progressively willing to “connect the dots” between a Daubert challenge and summary judgment. Quite simply, failing a Daubert challenge and the resulting exclusion of an expert’s testimony can mean dismissal on summary judgment – and the end of the road for your case. Continue reading »

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

Posted by Robert Ambrogi, Contributing Author on 2012/02/21 Comments Off
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 1 Response »
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 The Act sought to bring our outdated body of patent law up to speed with today’s technology.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, Contributing Author on 2012/02/06 Comments Off
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 »

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