Failure to Produce Expert Medical Witness Dooms Lawsuit Alleging Harm from Mislabeled Pills

David Sutton alleged in a lawsuit that he took acetaminophen that had been manufactured by Advance Pharmaceutical. He claimed that the product had been mislabeled as baby aspirin. He intended to take baby aspirin and contended that he experienced severe health problems as the result of taking acetaminophen. Advance Pharmaceutical packages over-the-counter medications for distribution […]

Incomplete Expert Report Leads to New Trial

Gavel and scales

Different states take different approaches to the potential liability of homeowners when someone slips and falls on ice that accumulates on a sidewalk outside the home. In New Jersey, commercial property owners have a duty to keep sidewalks that abut their property safe. Residential homeowners, on the other hand, only have a duty to avoid […]

Appellate Court in NC Malpractice Case Rejects Challenges Based on Expert Testimony

North Carolina

The North Carolina Court of Appeals was asked to decide whether expert testimony justified an “intervening cause” jury instruction when two procedures by different surgeons may have negligently caused a patient’s harm. The court was also asked to decide whether a defense expert gave improper standard of care testimony. The appellate court in Hampton v. […]

Prosecution Undermines Weinstein’s False Memory Witness

The prosecutors in Harvey Weinstein’s criminal trial got the defense “false memory” witness to admit she was not an expert in brain regions, potentially undermining the testimony that she offered in Weinstein’s defense. The Criminal Charges Against Weinstein In May 2018, Manhattan District Attorney Cyrus Vance Jr. charged Weinstein with “Rape in the First and […]

Forensic Pathologist Disputes Autopsy Results

gun and bullets

A forensic pathologist conducted a new autopsy on the body of a woman who was found dead in a vehicle following a chase and police officer-involved shooting. He concluded that the woman was killed by methamphetamine toxicity — not from being shot. The Chase and Shooting In December 2017, Toby Mike Holmes was working as […]

Court Dismisses Product Case Based on Failure to Offer Expert Testimony

Johnson & Johnson has won and lost cases alleging that it markets talc-based products, including baby powder, that cause cancer. The lawsuits typically rely on expert evidence that the talc used to manufacture those products is contaminated with asbestos, a known carcinogen. The company insists that nothing in its products is carcinogenic, a claim that […]

Eighth Circuit Reverses Exclusion of ADA Expert

Justice Scales

Although expert testimony is not always necessary, it is often used in disability discrimination cases to prove that an employee is disabled. In a case recently decided in the Eighth Circuit, the question was whether an employer regarded an employee as being disabled. Whether she had an actual disability made no difference to her theory […]

Expert Opinion in Patent Case Rejected as Conclusory

Expert Witness in Criminal Case

TQ Delta owns patents for technology that reduces the power consumed by certain systems that transmit electronic signals, including DSL systems. The technology reduces the probability of data loss that must otherwise be addressed with costly equipment. Several providers of communications equipment or services, including Cisco Systems, Verizon, Time Warner Cable, and Dish Network (collectively […]

Should Elected Officials Be Permitted to Testify as Experts in Community Standards?

Courtroom

In an ideal world, elected officials would be experts in public policy. Since no politician can have in-depth knowledge about every policy issue that might come before the government, even the most informed officials rely on information provided by experts to guide their decisions. In the real world, elected officials need no policy expertise at […]