A recent decision of the Court of Appeals for the Third Circuit addressed the importance of using forensic experts when a litigant is suspected of destroying electronic evidence. The practice of deleting emails will often entitle the opposing party to a remedy. In most cases, the remedy will be an instruction that allows the jury […]

A Texas jury found that Bell Helicopters was grossly negligent in exposing an engineer to asbestos and that the exposure caused the engineer’s mesothelioma. An appellate court reversed the judgment after concluding that the testimony of an expert witness failed to establish Bell’s gross negligence. Facts of the Case Bell Helicopters employed Billy Dickson for […]

A company called Acantha sued DePuy Synthes Sales and DePuy Synthes Products for patent infringement. Acantha patented an “Orthopedic Implant Assembly” for joining bone segments together during spinal surgery. The implant consists of a plate that is screwed into a bone segment. Once the head of the screw passes through an elastic snap ring, the […]

A False Claims Act lawsuit against a mortgage lender depended on the expert testimony of a loan underwriter. The government also relied on an expert to select loan files randomly for the underwriter to review. Daubert challenges to those two experts failed in the trial court. The Court of Appeals for the Fifth Circuit affirmed […]

The defense attorneys of a man charged with killing an Iowa woman are now requesting the state to pay for a sleep deprivation expert and that the state pay for that expert’s fees. The Killing On July 18, 2018, 20-year-old University of Iowa student Molly Tibbetts disappeared after going on a run in her hometown […]

The attorneys for a man who is accused of shooting a youth football coach have announced that they plan to appeal a trial court judge’s decision not to allow an expert witness to testify regarding the defendant’s state of mind. The Crime At around 11:20am on December 12, 2017, a shooting was reported around outside […]

A New Jersey Tax Court judge has ruled that a municipal tax assessor should not have served as an expert in a case challenging the property value set by another municipal tax assessor, effectively stopping municipal experts from accepting certain side jobs as appraisal experts. The Tax Dispute A Hazlet, New Jersey property owner, VNA […]

The United States Supreme Court has denied a petition for certiorari filed by Imperium IP Holdings (Cayman) Ltd, allowing a Court of Appeals’ opinion regarding an expert to stand over the assessment by the jury. Original Lawsuit Imperium IP Holdings (Cayman) Ltd. is a holding company for intellectual property rights that were owned by ESS […]

Nolan Clayton and Gregory Smith became friends while working together at a Stacked Pickle bar. Smith volunteered to work during a special event at a Stacked Pickle in Indianapolis. He invited Clayton to attend the event as a guest. Smith drove Clayton to the bar. Clayton began to drink. After about an hour, Smith decided […]