The Journey of Litigation
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
On September 12, 2023, plaintiffs Monica Kelly-Lewis, Gia Lewis-Grows, and Levar Lewis, successors to the estate of decedent Brouney Lewis, filed this asbestos action in Louisiana State Trial Court in the Parish of Orleans....more
A federal judge has dismissed a high-profile case involving allegations that a home appraiser was racially biased in his appraisal. ...more
The US Court of Appeals for the Tenth Circuit affirmed a summary judgment dismissal of a trade secret misappropriation complaint, finding that the plaintiff failed to take reasonable measures to maintain the secrecy of a...more
$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more
In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more
From medical devices to OTC drugs, preemption to expert preclusion, New York state and federal courts issued decisions in 2024 which further shaped the landscape in the medical and life sciences legal world. To prepare the...more
Iavor Stoyanov v. Himont Law Group, Ltd., et al., 2024 IL App (1st) 221434-U (April 15, 2024) - Brief Summary - The First District Appellate Court in Illinois held that the trial court (Judge Patrick J. Sherlock) was correct...more
Miles v. Cleveland Clinic Health Sys.-E Region, 8th Dist. Cuyahoga No. 112025, 2023-Ohio-2582 - The plaintiff’s sole medical expert was not, at the time of his deposition, engaged in active clinical practice due to his...more
United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more
A Massachusetts appellate court addressed in an August 10th Opinion an issue arising out of the flooding of property allegedly caused by adjacent road improvements. See Gillis v. Town of Uxbridge, No. 22-P-641, 2023 WL...more
Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more
Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more
On opening an opinion, lawyers habitually roll their eyes when they see a table of contents. Even more so when they learn the opinion is over 300 pages. The MDL order granting defense motions to exclude experts and for...more
It is axiomatic that a plaintiff must offer evidentiary support for each element of her claim in order to survive summary judgment. And a ubiquitous feature of product liability actions is the use of expert witnesses by both...more
The Eleventh Circuit recently reinstated a case alleging a surgical tool caused internal burns during a hysterectomy surgery, holding that the district court erred in disqualifying an expert on the basis that he had never...more
Federal Rule of Civil Procedure 26(a)(2) requires retained expert witnesses to provide an expert report which gives “a complete statement of all opinions the witness will express and the basis and reasons for them.” Fed. R....more
In a recent decision, Flatwork Technologies LLC v Brierley (2020 FC 997), the Federal Court granted summary judgment in favour of the Plaintiff, Flatwork Technologies, LLC (Flatwork), in respect of its patent impeachment...more
What is the appropriate time for filing a dispositive motion in medical malpractice actions? Schicheng Guo, as Special Administrator of the Estate of Shinqian Bao, deceased v. International Teleradiology, LLC, Swedish...more
In a negligence and failure-to-warn case brought against a product distributor, the plaintiff was relying on their expert witness as the sole means to prove that the product at issue came from the defendant. However, the...more
Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more
Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more
In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements...more
Larsen v. 401 Main St. Inc., 302 Neb. 454 (2019), involved a fire originating in the basement of the Quart House Pub (Pub) in Plattsmouth, Nebraska that spread to and damaged Plattsmouth Chiropractic Center, Inc., a...more
We previously reported that Hilton had scored a big win when the Court granted its motion for summary judgment on the grounds that the “human intervention” test from the FCC’s predictive dialer rulings survived ACA Int’l, and...more
In instituting IPR of a particular patent, the PTAB found that the patent was not entitled to its priority claim, thus opening it up to invalidity attacks. However, because the PTAB’s decision was not being challenged in the...more