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January 15, 2016 |

United States v. Spangler

5 minute read
December 23, 2015 |

New York Should Catch the Federal ESI Wave Before It's Too Late

Kevin Schlosser of Meyer, Suozzi, English & Klein writes: New York's highest court was given an opportunity to take a careful look at the issues and promulgate instructive and helpful rules for the lower courts grappling with perplexing ESI questions. Unfortunately, the Court of Appeals squandered the opportunity, and simply accepted the standards originated in the federal courts in New York that have been expressly superseded by the new Federal Rules of Civil Procedure and that are likely to cause further confusion and regrettable results.
10 minute read
December 08, 2015 |

Gucker v. U.S. Steel, PICS Case No. 15-1786 (W.D. Pa. Nov. 23, 2015) Fischer, J. (5 pages).

An economics expert who interviewed his client and reviewed his deposition and other documents, before he reached a conclusion about economic loss that assumed that his 61-year-old disabled client could work until age 66, did not rely on rank speculation. Motion to exclude denied.
2 minute read
November 18, 2015 |

More on Experts and 'Unreliable' Articles

In his Complex Litigation column, Michael Hoenig writes that lamentably, the problems with "predatory" science journals seem to persist. Lawyers should prepare well in order to challenge experts relying on unreliable hearsay literature, and judges, too, have to be willing to let the gatekeeping task unfold with appropriate discovery directed to the testifier-expert and disclosure about the hearsay literature itself.
13 minute read
October 06, 2015 |

Defense Experts OK'd in Cephalon Reverse-Payment Case

Defense experts' testimony not covering the defendants' state of mind when entering into reverse-payment settlement agreements can be admitted in the antitrust litigation against Cephalon and associated pharmaceutical companies involving the alleged delay of introducing a generic version of the drug Provigil, a federal judge has ruled.
4 minute read
September 28, 2015 |

FTC Suit vs. Bayer Over Probiotic Claims Rejected

Federal regulators have failed in their bid to punish Bayer Corp. for what they called overinflated claims about a probiotic supplement.
4 minute read
September 28, 2015 |

FTC Suit vs. Bayer Over Probiotic Claims Rejected

Federal regulators have failed in their bid to punish Bayer Corp. for what they called overinflated claims about a probiotic supplement.
4 minute read
May 22, 2015 |

Digital Forensic Testimony 101

A panel of forensic investigators and expert witnesses gathered to discuss pitfalls and tips in testifying.
4 minute read
May 19, 2015 |

Pfizer Wins Right to See Expert Report in Similar Birth-Defect Case

Lawyers bringing the case alleging that Zoloft caused birth defects in babies born to women who took the antidepressant have to turn over the report that their expert produced in similar litigation over Prozac, the federal judge handling the case has ruled.
4 minute read
May 07, 2015 |

Using 'Daubert' on Cross-Examination

In his Matrimonial Practice column, Timothy M. Tippins writes: When one tells lawyers from other jurisdictions that New York has yet to adopt the Daubert approach to determining the admissibility of expert evidence, one is met with raised eyebrows, dropping jaws and the occasional acerbic inquiry of whether travel to New York requires a map or a time machine. Yet the enlightenment of Daubert's reliability analysis is beginning to pierce the fog of Luddism that has for so long enveloped the landscape of New York jurisprudence.
11 minute read

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