In the complex world of commercial litigation and damages calculation, even experts can make critical mistakes that put litigation at risk. In particular, experts sometimes use the wrong benchmarks to calculate damages, making assumptions that don’t stand up under legal scrutiny and causing their testimony to be excluded on Daubert challenge. Continue reading »
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 »
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 The Act sought to bring our outdated body of patent law up to speed with today’s technology.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 »
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 »
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 »
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 »
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 »
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 »
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 »
