- Expert Testimony: Experts Must Address Negative Epidemiology to Survive Summary Judgment in Products Liability Cases Involving Silicone Breast Implants-Norris v. Baxter Healthcare Corp.1
Expert Testimony: Experts Must Address Negative Epidemiology to Survive Summary Judgment in Products Liability Cases Involving Silicone Breast Implants-Norris v. Baxter Healthcare Corp.1-The United States Court of Appeals for the Tenth Circuit held that a breast implant recipient alleging systemic autoimmune disease and local injury from implants must counter the ......
- Expert Testimony: Expert Witnesses Must be Prepared to Produce Positive Evidence to Establish General Causation in Drug Products Liability Actions-Ruggiero v. Warner-Lambert Co.1
Expert Testimony: Expert Witnesses Must be Prepared to Produce Positive Evidence to Establish General Causation in Drug Products Liability Actions-Ruggiero v. Warner-Lambert Co.1-The United States Court of Appeals for the Second Circuit upheld a district judge's decision to exclude expert opinion, specifically differential diagnosis, purporting to show that a certain ......
- California court rules tissue banks are immune from
strict liability; national implications uncertain.
Much in the same way a person's immune system can reject a transplant, tissue banks are legally immune to liability claims if one of their transplanted tissue products is tainted by disease, a California appeals court has ruled. Distribution of tissue transplantation is a "service," not a sale of goods, ......
- Court rules on accountant's expert
testimony.
Court Rules on Accountant's Expert Testimony As one partner in a Big 5 accounting firm now knows, CPAs should think twice before providing expert testimony on damages in a law suit. Using new standards to judge the acceptability of such testimony, the Seventh Circuit Court of Appeals in Chicago affirmed ......
- Products liability--Jackson vs. General Motors Corp.: Tennessee authorized consumer expectation test for all cases in which product is alleged to be unreasonably dangerous
Mounce A. Jackson (Jackson) was injured when the vehicle he was driving, a General Motors Corporation (GM) 1992 Pontiac Grand Prix, crashed into a tree.1 Although Jackson was wearing a seatbelt,2 his head struck the steering wheel, resulting in a broken jaw and temporomandibular joint dysfunction.3 IMAGE FORMULA 4 Jackson ......
- Failure to suction infant's vomit: death
results.
ORDINARILY, TO PREVAIL IN A NEGLIGENCE OR MEDICAL MALPRACTICE SUIT, A PLAINTIFF MUST PROVE, BY EXPERT MEDICAL TESTIMONY, THAT THE NEGLIGENCE OR MALPRACTICE WAS THE PROXIMATE CAUSE OF INJURY. However, this case proved to be the exception to the rule. In the Appellate Court's view there was sufficient evidence, without ......
- Ipse Dixits fail to pass expert testimony muster
In a product liability action in federal court, where Daubert standards apply, a plaintiff's expert's opinion evidence grounded on the expert's ipse dixit or bare assertion does not cut the ice, the Seventh Circuit ruled in Clark v. Takata Corp., 192 F.3d 750 (1999), affirming the district court's striking of ......