Searching Content by Carl Summers ordered by Published Date Descending.
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Texas Supreme Court Issues Important Decision On How To Calculate Ratio Of Punitive To Compensatory Damages In Multi-Defendant Cases
Application of the Supreme Court's excessiveness guideposts to cases involving multiple defendants is one of the more confounding problems that arises in punitive damages jurisprudence.
United States
9 Aug 2017
Ninth Circuit Substantially Reduces Punitive Award Against Walgreen
Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention.
United States
15 Oct 2016
Using Daubert To Exclude Flawed Surveys
We typically think of expert testimony as providing an insight into the evidence in the case, or drawing a conclusion from the evidence, that requires knowledge beyond the ken of a typical judge or juror.
United States
4 Oct 2016
The First Circuit Weighs Competing Studies About Relative Risk
When does an expert witness have an obligation to weigh competing studies and explain why she chose to rely on one study rather than another?
United States
23 Jun 2016
Gatekeeping On The Record: The Fifth Circuit Requires That Daubert Inquiries Be Explained On The Record
Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), district courts serve as gatekeepers for the admission of expert testimony.
United States
8 Jun 2016
Illinois Appellate Court Upholds $2 Million Punitive Award Against Chicago State University
The due process review of a punitive damages award for excessiveness has a number of interconnected parts,
United States
12 Apr 2016
US Courts Issue Helpful Decisions In Two Cases Involving Admissibility Of Expert Testimony On Specific Causation
A plaintiff claiming harm from exposure to a substance generally must prove both general and specific causation.
United States
1 Mar 2016
Mayer Brown Submits Amicus Brief For Chamber Of Commerce In Tenth Circuit Appeal Involving Excessive Punitive Damages
Although the Supreme Court's modern due process cases have given lower courts a framework for deciding whether an award of punitive damages is excessive ..
United States
23 Apr 2015
Federal District Court Upholds 13:1 Ratio Based On Defendant’s Wealth
We have noticed a disturbing trend recently of courts upholding punitive damages awards that are high multiples of the compensatory damages.
United States
21 Jan 2015
US Court of Appeals Confirms that Expert Testimony Must Offer Scientific Proof, Not Hypotheses, on Causation
In a recent decision, the US Court of Appeals for the Eleventh Circuit affirmed summary judgment for a defendant based on the trial judge’s exclusion of expert testimony ..
United States
30 Oct 2014
Fourth Circuit Holds that Experts Must Separate Opinions From Fact Testimony and Lay Adequate Foundation for Both
Increasingly, in a number of contexts, experts are playing the role traditionally filled by attorneys: reviewing and explaining the relevance of the evidence, integrating it into the party’s narrative, and mixing in opinions along the way.
United States
5 Jun 2014
Sixth Circuit Slams the Door on Unreliable, Result-Oriented Expert Testimony in Disparate-Impact Case
Plaintiffs increasingly rely on questionable expert testimony to fill gaps in their proof, trusting that the imprimatur of an expert will overcome otherwise insuperable deficiencies in their cases.
United States
22 Apr 2014
En Banc Ninth Circuit Adds Teeth To Daubert Gatekeeping Obligation
On January 15, the "en banc" US Court of Appeals for the Ninth Circuit issued a decision in "Barabin v. AstenJohnson, Inc.".
United States
22 Jan 2014
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