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Preview: LexisNexis® Mealey's™ Daubert Legal News

LexisNexis® Mealey's™ Daubert Legal News



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$41.5M Award For Girl's Tick Bite Disease; Expert Rulings Upheld By 2nd Circuit
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 6 affirmed a $41.5 million jury award against a private school in Connecticut for negligence in a lawsuit claiming that a student contracted tick-borne encephalitis (TBE) during a school trip to China, finding that the trial court did not abuse its discretion in its expert witness rulings (Orson D. Munn, III, et al. v. The Hotchkiss School, No. 14-2410, 2nd Cir., 2018 U.S. App. LEXIS 2852).



7th Circuit Affirms, Issues Warning For Court's Policy Of Not Identifying Experts
CHICAGO - A federal trial court did not err in admitting expert testimony in a methamphetamine distribution case, but the court's practice of not identifying expert witnesses to the jury "is problematic," the Seventh Circuit U.S. Court of Appeals held Jan. 25 in affirming a man's drug dealing and firearms convictions (United States of America v. Ronald Tingle, No. 17-1604, 7th Cir., 2018 U.S. App. LEXIS 1935).



Experts' Testimony Upheld By Federal Judge In Sex Trafficking Case
ALBUQUERQUE, N.M. - Two expert witnesses for the U.S. government can testify about sex trafficking and the prostitution trade in a criminal case against a man and his female accomplice accused of forcing a 13-year-old girl to engage in commercial sex acts, a New Mexico federal judge ruled Feb. 8 after finding that both experts meet all requirements of Federal Rule of Evidence 702, Fed. R. Evid. 702 (United States of America v. Cordny Henry, No. 16-cr-1097, D. N.M., 2018 U.S. Dist. LEXIS 20896).



Some Expert Opinions Stricken In Pelvic Sling Design Defect Lawsuit
HAMMOND, Ind. - An Indiana federal judge on Feb. 7 trimmed testimony from two experts for a woman who says a faulty pelvic organ prolapse device she had inserted caused her a multitude of physical injuries (Barbara Kaiser, et al. v. Johnson & Johnson, et al., No. 2:17-cv-114, N.D. Ind., 2018 U.S. Dist. LEXIS 19950).



2nd Circuit Backs Judge's Decision To Bar Expert In Suit Over Saw Injury
NEW YORK - A Connecticut federal judge did not err in excluding expert testimony for a man's product liability claims against a company that makes saws, the Second Circuit U.S. Court of Appeals held Jan. 31, saying the judge was correct that the expert was not qualified enough to offer his opinions (Eustathios Karavitis v. Makita U.S.A., Inc., No. 17-1008, 2nd Cir., 2018 U.S. App. LEXIS 2328).



All 61 Minnesota State Court Bair Hugger Cases Dismissed After 3 Experts Excluded
ST. PAUL, Minn. - A Minnesota state court judge on Jan. 26 entered judgment in all 61 Bair Hugger post-surgical infection cases after ruling that the plaintiffs' general causation expert witnesses' "novel" theories are not generally accepted by the scientific community and because the litigation appears to be driven more by competition than by actual injury (In Re: 3M Bair Hugger Litigation, No. 62-CV-15-6432, Minn. Dist., Ramsey Co.).



Biomet Hip MDL Judge Denies Defense State-Of-The-Art Summary Judgment Motion
SOUTH BEND, Ind. - In response to what an Indiana federal judge called two "head-scratching" motions, a federal judge in Indiana on Feb. 8 denied Zimmer Biomet Holding Inc.'s (Biomet) motions for summary judgment on a state-of-the-art defense regarding its metal-on-metal hips and for lack of causation testimony in four non-metal-on-metal hip cases (In Re: Biomet M2a Magnum Hip Implant Products Liability Litigation, MDL Docket No. 2391, No. 12-md-2391, N.D. Ind., South Bend Div., 2018 U.S. Dist. LEXIS 20758).



Judge Trims Expert's Testimony In Trade Secrets, Patent Dispute Over Antennas
SHERMAN, Texas - An expert's opinions on the state of mind of defendants in a misappropriation of trade secrets suit and the legal definition of a trade secret are prohibited, although the expert's remaining testimony, as well as that of a second expert regarding damages, is admissible, a Texas federal judge held Jan. 30 (Quintel Technology Ltd. v. Huawei Technologies USA, Inc., et al., No. 4:15-cv-307, E.D. Texas, 2018 U.S. Dist. LEXIS 14485).



Assault Defendant Seeks Review Of Exclusion Of 'Human Factor' Testimony
WASHINGTON, D.C. - A Florida trial court's exclusion of an assault defendant's expert testimony on human factors in responding to a threat should be vacated because the ruling cost the defendant any chance he had at acquittal, he tells the U.S. Supreme Court in a Jan. 18 petition for a writ of certiorari (John Chiarenza v. State of Florida, No. 17-1012, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 209).



Parents In Wrongful Death Suit Against Teva Say Ruling On Experts 'Unremarkable'
WASHINGTON, D.C. - A drugmaker's claim that the Ninth Circuit U.S. Court of Appeals' reversal of a trial court's exclusion of expert causation testimony creates a circuit split should be seen for what it is - "little more than a fact-bound appeal of a decision with which it disagrees" - parents in a wrongful death suit against the company told the U.S. Supreme Court in their Feb. 2 respondents' brief (Teva Pharmaceuticals USA, Inc. v. Stephen Wendell, et ux., No. 17-747, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 477).



Toxicologist's Opinions On Contaminated Site Upheld By Kentucky Federal Judge
LEXINGTON, Ky. - Even though a toxicology expert's opinion on what level of pollutants causes health problems is contrary to federal and Kentucky law, it is still reliable enough to help a jury determine common-law liability, a Kentucky federal judge held Jan. 25 in declining to exclude the expert's testimony (Modern Holdings, LLC, et al. v. Corning, Inc., et al., No. 5:13-cv-00405, E.D. Ky., 2018 U.S. Dist. LEXIS 11891).



Expert's Opinions On Corrosion Found On Airplane Barred By Judge
TAMPA, Fla. - Competing experts in a breach of contract lawsuit over the inspection of a company's airplane both had their proposed testimony limited Feb. 13 by a Florida federal judge (Oil Consulting Enterprise, Inc. v. Hawker Beechcraft Global Customer Support, LLC, No. 8:16-cv-3453, M.D. Fla., 2018 U.S. Dist. LEXIS 23273).



Indiana Federal Judge Strikes Some Opinions In Cardiologist's Race Bias Case
FORT WAYNE, Ind. - A medical expert for a doctor's race bias claims against his former employer used no reliable reasoning or methodology in forming his opinions on the doctor's state of mind when seeking consultations and on the employer's peer-review process, so the opinions are inadmissible, a federal judge in Indiana ruled Feb. 5 (Bhaktavatsala R. Apuri, M.D. v. Parkview Health Systems, Inc., et al., No. 1:16-cv-363, N.D. Ind., 2018 U.S. Dist. LEXIS 17986).



Most Expert Testimony Admitted In Woman's Constructive Discharge Suit
BATON ROUGE, La. - A Louisiana federal judge on Jan. 29 allowed nearly all testimony from vision and rehabilitation experts for a woman alleging that her employer constructively discharged her in violation of the Americans with Disabilities Act (ADA) after she lost part of her eyesight due to a stroke, barring only one statement by each expert (Catherine Jones v. Blue Cross Blue Shield of Louisiana, No. 16-cv-340, M.D. La., 2018 U.S. Dist. LEXIS 13545).



Federal Judge Allows Cardiologist's Opinions On Jail Inmate's Death
SAVANNAH, Ga. - A cardiologist's lack of experience working in a prison setting does not preclude him from offering expert opinions on the standard of care provided to a man who died while incarcerated, a Georgia federal judge held Feb. 8 (Belinda Lee Maley, et al. v. Corizon Health, Inc., et al., No. 4:16-cv-060, S.D. Ga., 2018 U.S. Dist. LEXIS 21344).



Woman Who Kept Girls As Slaves Fails In Attack On 'Trauma Bond' Testimony
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 15 affirmed the guilty verdicts and six-year prison sentence for a woman who kept illegal Mexicans in her home, where she abused them and forced them to perform slave labor, after finding that the trial court did not abuse its discretion in allowing an expert to testify about "trauma bonds" between abusers and victims (United States of America v. Olga Sandra Murra, No. 17-10117, 5th Cir., 2018 U.S. App. LEXIS 906).



Incorrect Ruling On Expert Does Not Doom Conviction For Illegally Re-Entering U.S.
ATLANTA - A federal district court probably erred in admitting a fingerprint analyst's expert testimony in a woman's deportation case, but the error was harmless considering that there was plenty of other evidence to identify the woman, the 11th Circuit U.S. Court of Appeals held Jan. 5 in affirming the woman's conviction for illegally re-entering the United States (United States of America v. Stephanie Lois Watkins, a.k.a. Stephanie Harrell, No. 16-17371, 11th Cir., 2018 U.S. App. LEXIS 316).



Rulings On Expert Affirmed In $550,000 Verdict Against Insurer For Hail Damage
ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 4 upheld a jury award of more than $550,000 for a Georgia apartment complex on its breach of contract claim against an insurer for not paying enough to replace hail-damaged shingles, finding that the trial court did not err or abuse its discretion in any of its Daubert rulings (The Grand Reserve of Columbus, LLC v. Property-Owners Insurance Company, No. 17-10264, 11th Cir., 2018 U.S. App. LEXIS 217).



Reliance On Expert Testimony About Hole In City Sidewalk Upheld
LANSING, Mich. - A Michigan trial court properly denied summary disposition to the city of Ann Arbor, Mich., on a woman's slip-and-fall action based on testimony from the woman's expert that a sidewalk was so poorly maintained that it meets the sidewalk exception to the municipality's immunity from suit, a state appeals court held Dec. 26 (Helen Levenson v. City of Ann Arbor, No. 336231, Mich. App., 2017 Mich. App. LEXIS 2133).



Assault Victim Loses Case Against Concert Organizers After Expert Excluded
MADISON, Wis. - The organizers of a music festival in Wisconsin were awarded summary judgment by a federal judge Dec. 29 on negligence claims filed by a man who was assaulted at the event after the judge found that the opinions of the plaintiff's expert were inadmissible, unsupported conclusions (Joshua Milligan v. Rock on the River, Inc., et al., No. 16-cv-498, W.D. Wis., 2017 U.S. Dist. LEXIS 213195).



Suit Over Man's Death In Farm Accident Proceeds Without Plaintiffs' Expert
VALDOSTA, Ga. - A Georgia federal judge on Dec. 28 declined to strike testimony from a toxicology expert for a couple accused of causing a man's death by failing to train him on how to use a farm tractor but excluded testimony from an expert for the dead man's relatives after finding that it is not relevant to the relatives' negligence action against the couple (Melissa Pearson, et al. v. Harold Dillingham, et al., No. 7:16-cv-54, M.D. Ga., 2017 U.S. Dist. LEXIS 212244).



Magistrate Limits Crash Expert's Testimony Due To Untimely Disclosure
SAN ANTONIO - An accident reconstruction expert in a personal injury case can testify only about the opinions he offered in his initial report because new opinions he offered while being deposed were not disclosed in a timely manner, and the "failure to do so is neither substantially justified nor harmless," a Texas federal magistrate judge ruled Jan. 4 (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2018 U.S. Dist. LEXIS 1407).



Lightning Strike Opinions Reliable, 11th Circuit Says In Faulty Pipe Case
ATLANTA - A metallurgy and engineering expert in a dispute over whether lightning striking a faulty gas line caused a fire that destroyed a home is abundantly qualified and his opinions are reliable and helpful, the 11th Circuit U.S. Court of Appeals held Jan. 10 in affirming a $1.4 million jury award against the pipe manufacturer (Mazen Hanna, et al. v. Ward Manufacturing, Inc., No. 16-14806, 11th Cir., 2018 U.S. App. LEXIS 703).



Reconsideration Denied For Ruling Barring Expert In Failure-To-Warn Case
TRENTON, N.J. - A New Jersey federal judge on Dec. 29 denied a bid by a woman seeking to hold a personal watercraft maker liable for injuries she received in a fall from a watercraft to have the judge reconsider his decision to exclude the woman's expert, finding that he "did not overlook or commit error as to any of the grounds raised for reconsideration" (Angela Ruggiero v. Yamaha Motor Corporation U.S.A., No. 1:15-cv-49, D. N.J., 2017 U.S. Dist. LEXIS 213635).



Judge Strikes Expert's Opinions, Denies Certification Of Class Over Siding
MINNEAPOLIS - A proposed class for consumers claiming that fiber cement siding on their homes prematurely fades and delaminates cannot be certified, a federal judge in Minnesota ruled Jan. 2, finding that individual issues involving each class member's home would require a mini-trial (In re: HardiePlank Fiber Cement Siding Litigation, MDL 2359, Case No. 12-md-2359, D. Minn.).



Judge Limits Engineering, Testing Testimony Of Plaintiffs' IVC Filter Experts
PHOENIX - A federal judge in Arizona overseeing litigation stemming from injuries and deaths caused by allegedly defective inferior vena cava (IVC) filters on Dec. 22 ruled that three plaintiffs' experts cannot testify about the engineering and testing of the products because they lack the proper qualifications (In re: Bard IVC Filters Products Liability Litigation, No. 15-02641, D. Ariz., 2017 U.S. Dist. LEXIS 211400).



Pennsylvania Supreme Court Won't Hear Appeal Of Zoloft Expert's Exclusion
PHILADELPHIA - The Pennsylvania Supreme Court on Dec. 13 denied a petition to review a Zoloft birth defect case that was dismissed when the plaintiffs' causation expert was excluded by the trial court (Robert and Katherine Porter, et al. v. SmithKline Beecham Corporation, et al., No. 257 EAL 2017, Pa. Sup., Eastern Dist., 2017 Pa. LEXIS 3661).



Ruling On Causation Expert In Nuclear Facility Injury Case Disputed In High Court
WASHINGTON, D.C. - A federal appeals court used the wrong standard in ruling on a trial court's admission of expert testimony, 137 residents of a Pennsylvania town say in their Dec. 20 U.S. Supreme Court petition seeking review of their claims that illegal releases from a nuclear materials processing plant caused their cancers and the deaths of their family members (Michelle McMunn, et al. v. Babcock & Wilcox Power Generation Group, Inc., et al., No. 17-907, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 5119).



Speculative Opinion Pared From Expert Testimony In Medical Malpractice Action
ST. LOUIS - An expert witness for a minor asserting medical malpractice claims cannot offer an opinion that injuries to the minor limit the youth's ability to stand or walk to "perhaps as much as a maximum of four hours per day" because it is only speculation, though the expert's other testimony is admissible, a Missouri federal judge ruled Jan. 12 (J.B. v. Missouri Baptist Hospital of Sullivan, et al., No. 4:16-cv-01394, E.D. Mo., 2018 U.S. Dist. LEXIS 5785).



Court: Expert Reports Collectively Satisfy Medical Liability Act's Requirement
AUSTIN, Texas - The Texas Supreme Court on Dec. 15 held that a trial court did not abuse its discretion in finding that four expert reports together satisfy the adequacy requirement under the Texas Medical Liability Act, overturning an appeals court's ruling that reversed the trial court's refusal to dismiss a health care liability lawsuit against an assisted-living facility, a mobile-imaging facility and a radiologist (Karen Miller v. JSC Lake Highlands Operations, LP, et al., No. 16-0986, Texas Sup., 2017 Tex. LEXIS 1147).



Magistrate Strikes Some Expert Testimony In Ticket Sales Patent License Row
MARSHALL, Texas - A Texas federal magistrate judge on Jan. 17 granted in part a motion by a patent holder to exclude testimony from a ticket distributor's computer-programming expert in a dispute over a license agreement, ruling that the expert cannot offer opinions about a key term in the agreement because the meaning of the term is a question of law for a jury to determine (CEATS, Inc. v. TicketNetwork, Inc., et al., No. 2:15-cv-01470, E.D. Texas, 2018 U.S. Dist. LEXIS 7214).



Oral Arguments Set In Florida Asbestos Case Over Daubert Applicability
TALLAHASSEE, Fla. - The Florida Supreme Court on Jan. 5 said it would hear oral arguments in March in an asbestos case involving whether Daubert can be applied in Florida and whether expert testimony that every exposure to asbestos leads to mesothelioma satisfies whatever standard the state uses (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).



On Remand, Judge Permits Expert Opinions For Man Challenging Police Citations
BUTTE, Mont. - After the Ninth Circuit U.S. Court of Appeals' removal of a Montana federal judge for committing several errors, including excluding expert testimony without a sound basis, a different judge held on remand Dec. 11 that the opinions of the challenged expert for an environmentalist who was cited by local police during a buffalo-herding operation at Yellowstone National Park are reliable and relevant enough to be admitted (Anthony Patrick Reed v. Doug Lieurance, et al., No. 2:13-cv-17, D. Mont., 2017 U.S. Dist. LEXIS 203391).



Blood Spatter, Criminal Law Experts Can Testify In Excessive Force Suit
TAMPA, Fla. - A Florida federal judge on Dec. 12 allowed a blood spatter expert and a criminal law expert to testify for a couple in their excessive-use-of-force action against several police officers, though she did place limits on both experts' opinions (Michael Bratt, et al. v. Louis Genovese, et al., No. 8:13-cv-3210, M.D. Fla., 2017 U.S. Dist. LEXIS 204003).



Expert Ballistics Evidence Fair Game In Man's Gun Conviction, 9th Circuit Rules
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 27 upheld a man's conviction for being a felon in possession of a gun after finding that the trial court did not abuse its discretion in denying the man's request to exclude a firearms examiner's testimony and a written ballistics analysis (United States of America v. Valentino Johnson, Nos. 16-10184, 16-10225, 9th Cir., 2017 U.S. App. LEXIS 23911).



9th Circuit Denies Try By Ex-InterMune CEO To Revisit Expert Witness Issue
SAN FRANCISCO - Former InterMune Inc. CEO W. Scott Harkonen, M.D., on Dec. 4 lost another attempt to vacate his 2009 wire fraud conviction when the Ninth Circuit U.S. Court of Appeals said he and his trial counsel voluntarily decided not to present testimony by their own biostatistician and pulmonologist and there was no ineffective counsel (United States of America v. W. Scott Harkonen, M.D., No. 15-16844, 9th Cir., 2017 U.S. App. LEXIS 24475).



Teva Urges Justices To Overturn 9th Circuit Ruling On Admissibility Of Experts
WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals' reversal of summary judgment for a drugmaker on a claim that its immunosuppressant drugs caused a young man's death from cancer should be reviewed by the U.S. Supreme Court because the appeals court overstepped its bounds in reversing the exclusion of expert causation testimony, the drug company argues in a Nov. 20 petition for a writ of certiorari (Teva Pharmaceuticals USA, Inc. v. Stephen Wendell, et ux., No. 17-747, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4571).



Expert Testimony Limited In Suit Seeking Insurance Coverage For Emotional Distress
MISSOULA, Mont. - One medical expert cannot opine that the actions of a beauty school caused 16 students to suffer emotional distress due to lack of reliability in the expert's methods, but a second expert can offer her causation opinion based on her interviews with each of the students, a Montana federal judge held Dec. 4 in an insurance coverage declaratory judgment action (Breanne Walden, et al. v. Maryland Casualty Company, No. 13-222, D. Mont., 2017 U.S. Dist. LEXIS 198973).



With Expert Opinions Allowed, Insurer Denied Judgment On Home Damage Claims
NASHVILLE, Tenn. - A Tennessee federal judge on Dec. 4 denied summary judgment to an insurer in a lawsuit over coverage for a damaged home after finding that testimony by the homeowners' expert is admissible and raises a material factual dispute about whether a sinkhole caused the damage (Debra Daniels, et al. v. Erie Insurance Group, No. 3:16-cv-01977, M.D. Tenn., 2017 U.S. Dist. LEXIS 198906).



Judge Resolves Motions To Exclude Testimony, Evidence In Reinsurer, Insurer Dispute
UTICA, N.Y. - In a dispute over a $325 million settlement of asbestos claims, a New York federal judge on Nov. 16 addressed a number of motions filed by an insurer and a reinsurer to preclude expert testimony and certain arguments from trial (Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co., No. 09-00853, N.D. N.Y., 2017 U.S. Dist. LEXIS 189911).



Airline Expert Permitted To Testify In Injured Worker's Negligence Action
MIAMI - An aviation industry expert can testify about whether the training received by a worker who was injured in an aircraft-moving tractor from an employee of the company that made the tractor was adequate but cannot offer opinions on the sales contract for the tractor because doing so involves issues of law, a Florida federal magistrate judge held Nov. 30 (Roy Maltez v. Trepel Airport Equipment GMBH, No. 16-24465, S.D. Fla., 2017 U.S. Dist. LEXIS 196458).



Airline Standards Relied On Do Not Support Opinion On Unsafe Condition, Judge Says
BROOKLYN, N.Y. - An airline expert's report is inadmissible in a woman's slip-and-fall action against British Airways because it would be more confusing than helpful to the trier of fact, a New York federal judge held Dec. 12 (Valentina Rodriguez v. British Airways PLC, et al., No. 17-cv-03691, E.D. N.Y., 2017 U.S. Dist. LEXIS 204217).



Expert Can Opine On Correctness Of Brain Injury Test, Magistrate Says
SAN ANTONIO - A neuropsychologist can testify as an expert witness on the appropriateness of using a computer-based test called the "Starry Night" test in diagnosing a traumatic brain injury because he is sufficiently qualified and his testimony is reliable, a Texas federal magistrate judge ruled Dec. 1 in a personal injury lawsuit (Benjamin Koenig v. Anthony Beekmans, No. 5:15-cv-00822, W.D. Texas, 2017 U.S. Dist. LEXIS 197558).



With Bench Trial Slated For Tribe's Tax Claims, Judge Allows 7 Experts To Testify
SEATTLE - A Washington federal judge on Nov. 27 denied seven motions to exclude expert testimony in an Indian tribe's efforts to avoid state and county taxes for the town it developed, saying that with a bench trial scheduled rather than a jury trial, he will be able to determine at trial whether the experts' testimony is proper (The Tulalip Tribes, et al. v. The State of Washington, et al., No. 2:15-cv-00940, W.D. Wash., 2017 U.S. Dist. LEXIS 194404).



Expert's Opinions Allowed In Class Action Over Fitbit's Sleep-Tracking Mode
SAN FRANCISCO - A California federal judge on Dec. 8, in denying summary judgment to Fitbit Inc. on class claims that the sleep-tracking functions on its devices do not work, ruled that the opinions of a plaintiffs' expert who tested the devices are reliable and relevant (James Brickman, et al. v. Fitbit Inc., No. 3:15-cv-02077, N.D. Calif., 2017 U.S. Dist. LEXIS 202568).



Talc Plaintiff: Asbestos Case Survives Exclusion Of Experts
PHILADELPHIA - The exclusion of two experts did little to change the state of a case as two other experts hold the same opinions regarding asbestos-contaminated talc's role in causing mesothelioma, a woman told a Pennsylvania judge on Dec. 4 (Sally Brandt, et al. v. The Bon-Ton Stores Inc., et al., No. 151202987, Pa. Comm. Pls., Philadelphia Co.).



Roundup MDL Plaintiffs: Monsanto's Experts Not Using 'Sound Science'
SAN FRANCISCO - The plaintiffs in the multidistrict litigation for the herbicide Roundup on Nov. 20 filed a brief in California federal court contending that "the methodology applied by Monsanto's experts turns not on sound science but rather on whether the evidence at issue is favorable or unfavorable to Monsanto's position" (In re: Roundup Products Liability Litigation, No. 2741 MDL, N.D. Calif.).



Preemption Summary Judgment Reversed By 9th Circuit In Incretin Mimetic MDL Appeal
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 6 unsealed its Nov. 28 opinion reversing summary judgment in the incretin mimetic multidistrict litigation, saying the MDL judge misapplied a U.S. Supreme Court precedent, improperly blocked discovery, misinterpreted what constituted new evidence and improperly disqualified a plaintiff expert (In Re: Incretin-Based Therapies Products Liability Litigation, Jean Adams, et al. v. Merck Sharp & Dohme Corp., et al., No. 15-56997, 9th Cir., 2017 U.S. App. LEXIS 24674).



Judge Certifies 6 Classes For Buyers Of Allegedly Defective Laminate Flooring
SAN FRANCISCO - A federal judge in California on Nov. 15 certified classes for purchasers from California, Florida, Illinois, Minnesota, Pennsylvania and West Virginia who claim that Lumber Liquidators Inc. violated state consumer protection laws when selling bamboo laminate flooring that prematurely warped, buckled, splintered, shrank and split before the expiration of the product's warranty (Dana Gold, et al. v. Lumber Liquidators, Inc., No. 14-cv-5373, N.D. Calif.).



Companies: Fracking Plaintiffs 'Take Liberty With The Facts' In Disposal Lawsuit
LITTLE ROCK, Ark. - Hydraulic fracturing companies on Nov. 16 filed a brief in Arkansas federal court contending that residents who have sued them alleging property damage as a result of the companies' disposal of fracking waste "consistently take liberty with the facts to add more baseless sanctions noise to this case" (Bobbie Hill, et al. v. Southwestern Energy Co., No. 12-500, E.D. Ark.).