Calif. judge tosses $6.5M verdict in first Actos trial 
Published: May 14, 2013
Tags: Actos, design defect, expert testimony, failure to warn, product liability, Takeda Pharmaceuticals
A California judge has thrown out a $6.5 million product liability verdict against Takeda Pharmaceuticals, deciding that a key expert witness should not have been allowed to testify that the diabetes drug Actos was the cause of a man’s bladder cancer.
Fosamax suit can’t proceed based on ‘sham’ issue
Published: February 4, 2013
Tags: expert testimony, failure to warn, Fosamax, Merck, osteonecrosis, product liability
Irreconcilable contradictions in expert testimony prevented a product liability plaintiff from establishing that Merck failed to provide adequate warnings with the osteoporosis drug Fosamax, the 2nd Circuit has ruled in affirming judgment.
State expert couldn’t verify exchange of illegal drugs
Published: January 16, 2013
Tags: expert testimony
A prosecution expert could not testify that activities captured on a surveillance video were consistent with a drug transaction, the New Jersey Supreme Court has ruled.
Turning expert witnesses’ data into meaningful testimony
By:
Richard Gabriel
Published: November 5, 2012
Tags: expert testimony, expert witnesses, jury trial
Lawyers care about an expert’s credentials, how the expert’s opinions support their case, and the expert’s ability to withstand cross-examination. Experts care about their reputation and how to balance objectivity with assisting their client’s case. Jurors just want to figure out what the heck is going on.
Justices to decide showing required for class action
Published: June 25, 2012
Tags: class actions, class certification, Comcast, expert testimony, Sherman Act, Wal-Mart v. Dukes
The U.S. Supreme Court will decide whether a class action can be certified without the plaintiff showing by admissible evidence, including expert testimony, that the case is susceptible to awarding damages on a class-wide basis.
CLASS ACTIONS
Published: June 25, 2012
Tags: class actions, class certification, Comcast, expert testimony, Sherman Act, Wal-Mart v. Dukes
May a class action be certified without the plaintiff showing by admissible evidence, including expert testimony, that the case is susceptible to awarding damages on a class-wide basis?
State expert could testify on delayed DUI test
Published: May 14, 2012
Tags: drunk driving, expert testimony
The state should be permitted to offer expert testimony explaining retrograde extrapolation to establish that a DUI defendant’s blood alcohol content was over .08 at the time he was driving, the Oregon Supreme Court has ruled in reversing a pretrial order.
Expert couldn’t testify on reliability of confession
Published: April 2, 2012
Tags: expert testimony, sexual abuse
A child sex abuse defendant could not introduce an expert to testify regarding the reliability of confessions that she later claimed were involuntary, New York’s highest court has ruled in affirming a conviction.
At the class certification stage, a harder look at experts
By:
Kimberly Atkins
Published: February 16, 2012
Tags: 7th Circuit, class actions, Daubert standard, expert testimony, Supreme Court, Wal-Mart v. Dukes
WASHINGTON – In the year since the U.S. Supreme Court made it tougher for large groups of plaintiffs to prove that they should proceed in a class action, courts have been taking a harder look at a key type of evidence plaintiffs use to make that case: expert witness testimony.
E-monitoring data admissible in drunk driving case
Published: July 22, 2011
Tags: drunk driving, expert testimony
Prosecutors didn’t need expert testimony in order to introduce electronic monitoring records to prove that a defendant drove while intoxicated, the Wisconsin Supreme Court has ruled in affirming a conviction.
