We aren’t pulling any punches.  We think Taylor v. Mentor Worldwide LLC, — F.3d –, 2019 WL 4941936 (11th Cir. Oct. 8, 2019) is a candidate to be one of this year’s DDL Blog bottom ten cases.  Not only was plaintiff’s expert allowed to change his opinion at trial, plaintiff was allowed to

This post is a follow-up of sorts to our “Stupid Expert Tricks” post.  That post dealt with dodgy games that our opponents’ experts play.  This post is about adding injury to insult, that is, when the plaintiffs try to make us pay for the privilege of dealing with those tricks.

Now both our

Recently, Bexis was contacted by a reporter who had read the blog’s post on ghostwriting.  Bexis explained that people at the top of any profession – medical, legal, engineering, whatever – have more reasons opportunities to publish than they could possibly have time to write from scratch on their own.  Judges have law clerks,

Donald Rumsfeld once justified attacking Iraq without firm evidence that his target possessed the ultimately apocryphal “weapons of mass destruction” by citing fear of the unknown:

Reports that say that something hasn’t happened are always interesting to me, because as we know, there are known knowns; there are things we know we know.  We also

Here is the third and final part of our 50-state opus on precedent supporting the principle that plaintiffs asserting claims dependent on propositions that ordinary people aren’t expected to know must come forward with expert opinions for those propositions.  As mentioned previously, this project arose from something we read about in the Mirena litigation –

What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support.  Part One was last week.  In most states such rulings originated in medical malpractice and workers’ compensation actions, with the relevant principles broadening to encompass product liability and toxic torts. 

Today we bring you a terrific Daubert defense win.  But, we’ll be honest it’s long.  Really long.  Thorough, but long.  So, we’re going to hit the highlights.

The case is Davis v. McKesson Corp., 2019 WL 3532179 (D. Ariz. Aug. 2, 2019).  It is a multi-plaintiff case against manufacturers and distributors of gadolinium-based contrast