We aren’t exactly breaking news by saying experts are extremely important. Even make or break. That’s why everyone – on both sides – want the best. And, in more old news, doctors are expensive. Doctors who serve as experts in complex mass tort litigation can be really expensive. But, based on our opening supposition, we
We know of only a couple of cases that have allowed “experts” to testify on the subject of punitive damages. First, in the Actos litigation, the court allowed a so-called “ability to pay” expert opinion to be presented to the jury. In re Actos (Pioglitazone) Products Liability Litigation, 2013 WL 6383104, at *5 (W.D.
Court composition matters.
Yesterday, the Florida Supreme Court reversed a ruling from only last year and decided that the legislature was right (or at least within its authority) after all – henceforth the standards created in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), will govern the admissibility of expert testimony in
Having three experts couldn’t save plaintiff’s claims in Robinson v. Davol Inc., 2019 WL 275555 (7th Cir. Jan. 22, 2019). Plaintiffs’ decedent underwent surgery involving a surgical mesh patch and approximately one year later, she developed an abdominal wall abscess that led to various infections that ultimately led to her death. Id. at *2.
Happy birthday, Hans Mattson. Did you, dear reader, forget? No worries. Mattson was born in Sweden in 1832, played a key role in Swedish settlement in Minnesota, served in the U.S. Civil War, and was consul to India. It’s been a long time since he blew out any candles, so your oversight will offend nobody.
This guest post is from long-time friend of the blog Bill Childs, from Bowman & Brooke, who also wishes to thank Elizabeth Haley for research assistance. It’s a reworking of a piece on bogus scholarly literature that Bill previously published here. We thought it was both good and relevant enough that we
This post comes from the Cozen O’Connor side of the blog only.
Last year, we favorably cited Canary v. Medtronic, Inc. 2017 WL 1382298 (E.D. Mich. April 18, 2017), on two occasions, once to highlight its use of TwIqbal at the motion to dismiss stage and again as a part of our preemption scorecard
A couple of weeks ago, we reported on the terrific Daubert decision in the Mirena IIH MDL in the Southern District of New York, In re Mirena IUS Levonorgestrel-Related Prods. Liab. Litig., 2018 WL 5276431 (S.D.N.Y. Oct. 24, 2018), in which the court granted the defendants’ motions to dismiss all seven of the plaintiffs’
This will be the third consecutive week for us to discuss a favorable expert ruling out of the Cook Medical IVC filter litigation in the Southern District of Indiana. By this point, we really do expect some sort of remuneration from the Indiana Chamber of Commerce – maybe tickets for the surprisingly impressive Colts, or
Last week we praised the S.D Indiana court’s Daubert decision in the Cook IVC filters litigation. Apparently the court is an expert on experts, because it came out with another sensible decision on experts, this time on the use of treating physicians to offer causation opinions. In re Cook Medical IVC Filters Mktg., Sales Practices,