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Category Archives: News
The Sometimes Overlooked Importance of Pretrial Discovery
The most important part of civil litigation is pretrial discovery. That is where the parties are supposed to disclose to each other, and “discover” from each other, the facts that support their claims and defenses.
Florida Supreme Court rejects Daubert statute as an unconstitutional infringement on the court’s rulemaking authority, declares Frye to be the law in Florida
On October 15, 2018, in the Delisle v. Crane Co., matter, No. SC16-2182, the Florida Supreme Court held that the amendments to the Florida Evidence Code to incorporate Daubert are unconstitutional and the Frye standard should be applied.
Florida Court precludes an expert from relying on general causation to provide a specific causation opinion at trial
The U.S. District Court, Middle District of Florida recently issued an order and opinion excluding the testimony of plaintiff’s expert, Dr. Richard Kradin, in the matter of Doolin v. Ford Motor Co., Case No. 3:16-cv-778-J-34PDB, 2018 U.S. Dist. LEXIS 163678, 2018 WL 4599712 (M.D. Fla. Sep. 25, 2018).
J&J Receives Defense Verdict in New Jersey Talc Case
On October 11, 2018, a Middlesex County, New Jersey jury of 5 women and 2 men rendered a defense verdict (7-0) in favor of Johnson & Johnson ("J&J") in the Rosalind and Frederick Henry matter.
Bisson v. Wal-Mart Stores, Inc.: “Constructive Notice” and What Constitutes a “Reasonable Length of Time”
In every Connecticut premises liability action, the plaintiff must establish that the defendant had “actual” or “constructive” notice of the alleged defect.
NJ’s Appellate Division Reinstates Medical Malpractice Claim In The Absence of an Affidavit of Merit
On September 6, 2018, the Appellate Division reinstated Plaintiffs’ Complaint in the matter of Linda Cowley, et al. v. Virtua Health System, et al., after a trial court dismissed the medical malpractice claim due to Plaintiff’s failure to obtain an “Affidavit of Merit.”
Uber is fined $148 Million for cover up of data breach
Uber, a pioneer in ride-sharing technology, and attorneys general from all 50 states and the District of Columbia, announced today that Uber has reached a settlement agreement for fines in the amount of $148 million for the way it handled a data breach that occurred in 2016.
Connecticut Says No to Re-litigating on the Issue of Causation
Last week, the Connecticut Supreme Court denied a widow her bid to receiving benefits under the state Workers’ Compensation Act after a federal law judge already granted her benefits under the Federal Longshore Act.
Pennsylvania Superior Court Considers the Significance of Industry Standard Evidence in Strict Products Liability Case
In August 2018, the Pennsylvania Superior Court, in Dunlap v. Federal Signal Corporation (“Dunlap”), ruled that the plaintiffs’ evidence that their alternative product’s design met the applicable industry standard was not sufficient to establish a prima facie strict liability design defect tort case.