Expert Testimony, Medical Devices, Evidence

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

Bennett Jones LLP on 5/29/2025

The evidentiary burden on plaintiffs to have a case certified—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and...more

Court Affirms Admissibility of DTI-Based TBI Diagnosis in Oklahoma Federal Case

Stark & Stark on 4/16/2025

In a significant decision for plaintiffs litigating traumatic brain injury (TBI) claims, the U.S. District Court for the Northern District of Oklahoma has denied a defense motion to exclude expert testimony based on diffusion...more

The Precedent: The Federal Circuit Remands and Reassigns District Court Patent Infringement Case to a New Judge

Vorys, Sater, Seymour and Pease LLP on 3/14/2025

In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. v. D R Burton Healthcare LLC. The U.S. Court of Appeals for the Federal Circuit recently affirmed in part, reversed in part and...more

California Supreme Court Walks Middle Ground on Warnings Causation but Reaffirms Learned Intermediary Doctrine in Himes

Faegre Drinker Biddle & Reath LLP on 7/19/2024

As we reported in April, the United States Court of Appeals for the Ninth Circuit certified a question on California’s Learned Intermediary Doctrine in Himes v. Somatics, LLC, 2022 WL 989469 (9th Cir. Apr. 1, 2022). The...more

Seventh Circuit Clarifies Expert Evidence Requirements for Medical Device Cases in Indiana

Faegre Drinker Biddle & Reath LLP on 6/7/2018

On June 4, 2018, the Seventh Circuit affirmed an Indiana federal judge’s determination that a woman’s product liability suit for a broken intrauterine contraceptive device (IUD) required expert evidence under the Indiana...more

Expert Testimony › Medical Devices › Evidence

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

Court Affirms Admissibility of DTI-Based TBI Diagnosis in Oklahoma Federal Case

The Precedent: The Federal Circuit Remands and Reassigns District Court Patent Infringement Case to a New Judge

California Supreme Court Walks Middle Ground on Warnings Causation but Reaffirms Learned Intermediary Doctrine in Himes

Seventh Circuit Clarifies Expert Evidence Requirements for Medical Device Cases in Indiana

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