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Part One of a Two-Part Article
On Oct. 19, 2016, in Fore v. State, 2016 Fla. App. LEXIS 15585 (Ct. App. Oct. 19, 2016), a Florida appellate court tossed out a civil contempt fine of $6,670 imposed upon an expert after a defendant’s criminal trial for drunk-driving manslaughter. It seems that the accident reconstruction expert completed an affidavit in support of the defendant’s application for post-conviction relief that contained incorrect information. The faulty testimony was based on the expert’s misinterpretation of a report from Toyota regarding data from the victim’s vehicle. During the expert’s preparation for the post-conviction evidentiary hearing, he realized that certain opinions in his affidavit were wrong. He notified defense counsel, but took no action to change his affidavit or otherwise inform the court of his changed opinions.
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Defeating Certification of “No-Injury” Consumer Protection Class Actions
By Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
Maximizing Future Medical Damages in Paralysis Cases
By Mitch Warnock
When you take a catastrophic injury case involving paralysis, it is important to have a thorough understanding of the problems and pitfalls. In this article, the author explores, from personal experience, the different types of future expenses the client can expect to incur.
Genetic Labeling: Legal Uncertainty for Pharma Product Liability
By Shannon E. McClure and Whitney Mayer
The FDA’s recent approval of 23andMe’s direct-to-consumer genetic test to identify genes associated with 10 common diseases and disorders could result in a widespread expansion of patients armed with individualized health information. This expansion of genetic information in the hands of consumers potentially impacts regulatory and litigation issues for pharmaceutical companies.
By ljnstaff
Discussion of major rulings out of Texas and California.