Category Archive: Expert Witnesses

Oct 19

Appeals Court Requires a Medical Expert to Prove Discomfort Causation

The San Antonio Court of Appeals recently affirmed summary judgment for Marathon Oil Corporation in their defense against a case brought by Michael and Myra Cerny.  The underlying litigation alleged that emissions from Marathon plants caused the Cernys various injuries and property damage. However, the Cernys presented no expert medical testimony on the causation of …

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Permanent link to this article: http://betweenthenumbers.net/2015/10/appeals-court-requires-a-medical-expert-to-prove-discomfort-causation/

Jun 30

Supreme Court To Address Use of Statistics For Class Action Certification

The April 2013 Supreme Court decision in Comcast Corp. v. Behrend, No. 11-864, was a profound change benefitting companies facing class action lawsuits.  The Court held that a plaintiff seeking certification must establish through “evidentiary proof” that damages can be measured on a class-wide basis.  Individual damage issues can defeat class certification where those issues …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/

Jun 04

Expert Can Still Testify, Despite Opinions Being Thrown Out

A recent case illustrated how expert testimony may still be appropriate even when all of the expert’s actual opinions are deemed inadmissible.  In Ross v. Rothstein (March 12, 2015), the Court concluded that an expert’s testimony still offered information helpful to the Court with regard to underlying facts that supported his improper (legal) opinions.  The Court cited …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/expert-can-still-testify-despite-opinions-being-thrown-out/

May 21

Court Requires Expert Witness to Have a Body and a Brain

A recent case addressed the interesting question of whether a corporation could serve as an expert witness.  The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company (“Dole”).  The defendants designated Stifel, Nicolaus & Company, Incorporated (“Stifel”), a corporation, to serve as their expert witness regarding …

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Permanent link to this article: http://betweenthenumbers.net/2015/05/court-requires-expert-witness-to-have-a-body-and-a-brain/

Feb 17

Internet Real Estate Continues to Evolve with New gTLDs

The Internet Corporation for Assigned Names and Numbers (“ICANN”) announced that over 500 new generic top-level domains (“gTLDs”) have now been introduced into the Internet. The milestone 500th gTLD was .NTT, which represents Nippon Telegraph and Telephone. New domains are rolling out at an average of one per day.  ICANN has described its current process as the “Internet’s …

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Permanent link to this article: http://betweenthenumbers.net/2015/02/internet-real-estate-continues-to-evolve-with-new-gtlds/

Feb 16

Court rules indemnification plaintiff doesn’t have to rely only on former opposing expert.

In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co., the California Court of Appeal in the Second District held that a subsequent indemnity coverage action by an insurer may include expert opinions not presented by the original plaintiff’s experts in the underlying dispute.The underlying plaintiff settled with Costco …

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Permanent link to this article: http://betweenthenumbers.net/2015/02/court-rules-indemnification-plaintiff-doesnt-have-to-rely-only-on-former-opposing-expert/

Jan 22

Defense Asks Court to Let the Witness Speak!

In a recent patent infringement case, a Rule 30(b)(6) deposition (of the person most knowledgeable or “PMK” of a corporation on defined topics) included over 300 objections by plaintiff’s lawyer.  The defense subsequently argued for additional time to re-depose the PMK, claiming that the large number of objections effectively “ran down the clock” and prevented …

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Permanent link to this article: http://betweenthenumbers.net/2015/01/defense-asks-court-to-let-the-witness-speak/

Aug 29

Three Strikes, Damages Out in Recent CA Class Certification

Jones v. ConAgra Foods, Inc. is a recent case that demonstrates the damages-based hurdles to obtaining class certification.  Despite Plaintiff’s presentation of three different damages models (“full refund,” “price premium,” and “regression”), Judge Charles R. Breyer concluded each failed to demonstrate class-wide damages. Because of this failure, Judge Breyer denied class certification. The case involved …

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Permanent link to this article: http://betweenthenumbers.net/2014/08/three-strikes-damages-out-in-recent-ca-class-certification/

Jul 09

Daubert Provides For Liberal Admission Of Expert Testimony

The 8th Circuit Court of Appeals has reversed a district court decision to grant summary judgment based on excluding three plaintiff experts regarding causation.  While the district court ruled the experts did not reliably exclude alternative causes of injury and therefore their testimony was inadmissible under Daubert, the Court of Appeals concluded that this was …

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Permanent link to this article: http://betweenthenumbers.net/2014/07/daubert-provides-for-liberal-admission-of-expert-testimony/

Jun 25

Ninth Circuit Issues Reminder on Daubert: Trial Court Is A Gatekeeper, Not A Fact Finder

In a recent case involving the City of Pomona (“Pomona”) v. SQM North America Corporation (“SQM”), Pomona alleged that SQM’s importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city.  Although the district court excluded under Daubert the expert testimony of Pomona’s expert witness on causation, the Ninth Circuit reversed the ruling, …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/ninth-circuit-issues-reminder-on-daubert-trial-court-is-a-gatekeeper-not-a-fact-finder/

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