A district court excluded the testimony of an oncology and pathology expert witness and granted summary judgment in favor of the defendant. The plaintiff appealed and the circuit court reversed the district court opinion. Facts: This case (Wendell v. GlaxoSmithKline LLC – United States Court of Appeals For the Ninth…
Plaintiff sued defendant for failing to warn of possible effects from taking the drug Depakote. The plaintiff hired two expert witnesses to prove their case. These experts were excluded from testifying after a Daubert motion was filed by the defendant Facts: This case (N.K. AN INFANT BY HIS MOTHER AND…
Plaintiff argues that the defendant infringed on their patent for treatment of BPH by marketing their drug Cialis. The plaintiff hired a urology expert witness to assist with their case. The defendant filed a motion to exclude. The court granted a portion of the motion and denied a portion of…
Plaintiff filed a declaratory judgment with the court related to a securities dispute. The defendant hire a securities expert to assist in their side of the case. The plaintiff filed a motion to exclude the expert’s testimony. The court denied the motion. Facts: This case (UBS FINANCIAL SERVICES, INC. v. BOUNTY…
Plaintiffs sued defendants in an action involving an alleged defective car seat. Both parties hired expert witness and both parties filed motions to exclude. The court denied all of these motions. Facts: This case (Ribeiro et al v. Baby Trend, Inc – United States District Court – District of Nebraska…
In this medical malpractice case, the plaintiff appeals an opinion of the trial court excluding the opinion on oncology expert witness. The appeals court affirmed the lower court opinion. Facts: This case (ESTATE OF PEYTON v. NOVI INTERNAL MEDICINE AND PEDIATRICS, PLLC – Court of Appeals of Michigan – April…
In a recent Lawyers’ Weekly article “David Can Now Challenge Goliath”, the issue of taking on a party who has access to unlimited resources is addressed. JustKapital, a litigation funder that offers finance to plaintiffs on an international basis, argues that the lack of funding often deters plaintiffs from pursuing legitimate…
Plaintiff sued defendant after she was injured after falling off a personal watercraft. Plaintiff hired a labels & warnings expert witness to assist in her case and defendant filed a motion to exclude. The court granted the motion. Facts: This products liability case (Ruggiero v. Yamaha Motor Corporation – United…
Putative class action plaintiffs filed suit against the vehicle manufacturer for defects in the sunroofs of certain cars. Both parties filed motions to exclude three expert opinions. The court denied the three motions. Facts – This case (NEALE et al v. VOLVO CARS OF NORTH AMERICA, LLC et al –…
In the case, the plaintiff seeks a declaratory judgment against defendant regarding language in a lease agreement. Both parties hired real estate valuation expert witnesses and both filed motions to exclude. The court denied these motions. Facts: This case (Buchanan Energy (N), LLC v. Lake Bluff Holdings, LLC – United…