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
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
We posted just the other day about widespread judicial reluctance to follow the expert admissibility standards imposed by Federal Rule of Evidence 702. We called out the Eighth Circuit as a prime example of that problem, and we discussed the committee-approved amendments to Rule 702 that are intended to reinforce the need for expert opinions
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
It seems fitting that if we are going to talk about a one-two punch, we acknowledge the passing of boxing legend Marvelous Marvin Hagler. The undisputed middleweight champion from 1980 to 1987 whose boxing career started in Massachusetts but who started out a New Jersey boy. Only Jersey Understands Jersey!
From New Jersey to Alabama
We have a confession: we leave the TV on for the Drug and Device Law Little Rescue Dogs when we leave the house. A couple of days ago, they were watching Love It or List It when we left for the grocery store. When we returned, the screen was black. We are told that something
That’s how Maryland’s highest court chose to characterize its gradual move from Frye to Daubert – a drifting process. Like the way the ocean drifts ashore as the tide is rising. Creeping a little higher, each wave covering and absorbing a little more of the beach. As it slowly inches toward your chair where you’re
It is an old legal adage that hard cases make bad law. One could also say that big cases make bad law, especially if by “big” we include Multi-District Litigation (MDL) cases. When a federal judge is suddenly in charge of thousands of cases, that judge will too often start thinking more like a manager
One day last week, we were sitting at our computer watching a torrential rainstorm through the windows of our home office. It occurred to us, based on some recent seepage, that we should check our basement. We opened the door to the most-unwelcome sound of rushing water. Momentarily confused, we identified the source: a new
Today’s guest post comes from Karl Neumann at Cozen & O’Connor. He was on the team that won this case, and sent us such a detailed description that we invited him to write it up himself – and he was kind enough to take us up on that offer. The title tells you what