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23, 2010) ( here ), can supersede our list, so far they’ve been thankfully uncommon. Rather than examine the actual bases of those opinions, as Rule 702(b) required, Crockett waved the testimony through with the single observation that the expert claimed to have “conducted a “detailed review of the literature.” Novartis , 407 P.3d
The class period is between 1999 and 2010. Second, as for superiority, PATDC82 II admitted that a class trial would face “enormous logistical hurdles,” but nonetheless found a nationwide class action “superior.” Thus, “[o]ne supposed ‘nightmare’ trial is preferable to many hundreds of shorter ones.” at *3 (footnote omitted).
We think that they can, and for a state (like Pennsylvania and a number of others) that still follows the “ Frye ” standard looking to the “general acceptance” of expert testimony as the touchstone to admissibility, a Rule 702 state-law equivalent might look something like this: Rule 702. E.g. , Walsh v. BASF Corp. , 3d 446, 461 (Pa.
In two of these cases, our client won summary judgment at the trial court level and an appellate court ended up creating a new cause of action to accommodate the plaintiff’s theory (and lack of helpful testimony from the prescribing physician). 2010) (Ohio law), and the Pennsylvania Supreme Court in Lance v. Wyeth , 619 F.3d
That the product had been approved in “other countries” could not create a triable issue of fact because, even for other uses that the FDA eventually allowed, the necessary clinical trials had not been completed in 2010. 7, 2022), which addressed the same question in the context of the admissibility of expert testimony.
Three years ago we published a lengthy post, “ Stupid Expert Tricks ,” detailing several of the other side’s egregious attempts at passing off junk science “experts” as the real thing, along with our side’s trials and tribulations during the course of unmasking these phonies. 2010) (Matsen); Nelson v. 3d 179, 181-87 (D. 316, 328-29 (D.
Thus a confident learned intermediary’s testimony will defeat causation as a matter of law by stating that, notwithstanding a poor result, the treatment provided was standard of care, and even in hindsight they would not do anything different. Confident learned intermediaries stand by their medical decisions. caused anything. 3d 87, 95 (Tex.
at 287 (citing transcript of expert’s testimony). [A]t A]t first blush, [the expert’s] testimony. No other witness offered testimony on these unidentified standards. An excellent example is the Sherman case, which involved junk science causation testimony in what we call a “toxic soup” chemical exposure case.
Earnest involved the appeal of a defense verdict at trial on a single failure to warn count based on the highly questionable proposition that a change to the alopecia warnings for a life-saving cancer drug would have altered the decision of plaintiff’s oncologist to prescribe her the drug that helped save her life. 2022 WL 405298, *1.
We found the denial of the plaintiffs’ motion for new trial in Redick v. Redick is a case that made it past summary judgment and proceeded to trial in the summer of 2021. The plaintiff moved for new trial and there was further briefing after a deposition of an Australian researcher who did not testify at the trial.
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