Expert Testimony, Product Defects, Evidence

Defective Logic: Why Recall Evidence Falls Short in Court

Faegre Drinker Biddle & Reath LLP on 7/16/2025

In product liability litigation, plaintiffs often treat a product recall as though it is conclusive proof that the product is defective or that its warnings are inadequate. Some plaintiffs even cite clearly inapplicable...more

New Jersey Court Pumps the Brakes on Product Liability Lawsuit

White and Williams LLP on 5/16/2025

In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’...more

Product Liability Update - February 2025

Foley Hoag LLP on 3/5/2025

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Ipse Dixit – It’s Not Just for Analytical Gaps Anymore

Faegre Drinker Biddle & Reath LLP on 9/28/2022

There are few legal phrases more fun to say than “ipse dixit.” The phrase is most commonly used in motions to exclude experts who base their opinions on nothing more than their own say so...more

Third Circuit Confirms That Alleged Defect in “Simple” Component of More Complex System Must Be Proven by Expert Testimony When...

Faegre Drinker Biddle & Reath LLP on 4/22/2022

A plaintiff who alleges that a product is defective usually has to offer expert testimony in support of that allegation. This should come as no surprise for complex products – if it took a team of scientists and engineers to...more

New York Court of Appeals Rejects Litigation Science under Frye Standard

Cozen O'Connor on 3/8/2016

Put quotes around the phrase “litigation science” and Google it. Go ahead, we’ll wait. . . . . What did you find? Not good, right. You found a lot. Too much. The first Google page alone shows how controversial this...more