Must federal courts, before deciding whether to certify a case as a class action, resolve challenges to the plaintiffs' expert witnesses?
Surprisingly, given how routinely the issue arises, no federal appellate court had squarely decided the question. District courts have answered the question in various – sometimes conflicting – ways.
Posted by on
6.21.10
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Articles.
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Having finally issued its much-anticipated patent ruling in Bilski v. Kappos, the Supreme Court ended its term with a whimper, not a bang – at least as far as patent lawyers are concerned. But even though the opinion left several hot-button issues unresolved, it nonetheless provided a key lesson for lawyers and experts in patent cases: Whatever you do, avoid abstraction.
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Halfway through, 2010 is already shaping up to be a year of significant rulings involving expert witnesses. In this edition of BullsEye, we look back over the first half of 2010 and highlight the five most important expert rulings handed down this year.
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7.28.10
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Expert Witness.
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Lawyers are always on the lookout for grounds to challenge their opponents’ expert witnesses. Imagine if those very experts would help you find their Achilles’ heels, sending up red flags that alerted you to their vulnerabilities. Well, maybe they already do. All you need is to know what to look for.
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4.26.12
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Expert Witness.
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One can hardly check the daily news feed from their favorite syndicators without encountering yet another high profile intellectual property headline. Whether it’s a breaking story about the NFL cracking down on counterfeiters, or the April 18th U.S. Supreme Court ruling regarding a dissatisfied patent applicant’s ability to introduce new evidence, intellectual property related lawsuits dominate headlines.
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Can a trademark counterfeiting and infringement plaintiff elect statutory damages instead of actual damages under the Lanham Act and still receive attorney’s fees? The 2nd Circuit recently answered that question in the affirmative – to the tune of $3.5 million dollars – leaving some valuable lessons in its wake.
Posted by on
5.15.12
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Litigation.
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What’s the value of a word?
Amid the barrage of headlines concerning Facebook’s initial public offering, one seemingly harmless four-letter word has been causing a very different kind of legal commotion.
The word: Like.
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by Maggie Tamburro
Who would have imagined a pair of high heels, a ceramic tile floor, an Australian safety expert, and an outspoken appellate judge could cross paths, offering lessons about expert testimony along the way?
So it seems that life – and law – is full of surprises.
In a case where unrelated orbits intersect and learned minds differ, a recent dissenting opinion by one 11th Circuit U.S. Court of Appeals judge reveals how essential common sense is when determining admissibility of expert testimony.
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6.21.12
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Expert Witness.
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