Get a group of experienced lawyers together and it won’t be long before there is a one-upsmanship game of Crazy-Things-Judges-Have-Done. A learned and revered colleague tells the story of how he went to argue before a law and motion judge many years ago and low comedy ensued. Being a diligent sort of fellow, said learned

After eschewing our blogging duties during a very long trial—followed by short deliberations and a verdict for the good guys—we are back at it.  Normally, a significant criterion in how we select a case for a post is the length of the decision—the shorter, the better for our normally busy work lives.  After trial, there

“There is naked Nature, inhumanly sincere, wasting no thought on man, nibbling at the cliffy shore where gulls wheel amid the spray.”

We are presently on vacation, in the place that inspired Thoreau’s words above. The meeting of land and water, deceptive solidity sitting hard by the greatest force of caprice on the planet, has

We recently decried the Eighth Circuit’s continuing disregard of the expert gatekeeping function imposed by F.R. Evid. 702 in In re Bair Hugger Forced Air Warming Devices Products Liability Litigation, ___ F.4th ___, 2021 WL 3612753 (8th Cir. Aug. 16, 2021).  Well, only four days later, the Fourth Circuit delivered a counterpoint in Sardis

Back in May, we discussed the latest amendments proposed by the Advisory Committee on Civil Rules to Fed. R. Evid. 702.  These amendments, while not changing the substance of Rule 702’s standards for admission of expert testimony – helpfulness, factual basis, reliability – are intended to reinforce other aspects of the Rule.  These

Last week we brought you both the federal and state court decisions in the Incretin Litigation granting summary judgment on the grounds of preemption.  But that was not the only obstacle in plaintiffs’ way.  Even if the claims were not preempted, plaintiffs’ experts fell woefully short of the mark.  Today we bring you part two