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Testimony Of Expert Under Daubert And FRE 702 Upheld
The Federal Circuit ruled that a district court properly performed the 'gatekeeping' role required of it by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. and by Rule 702 of the Federal Rules of Evidence when it allowed the testimony of plaintiff's damages expert. Micro Chemical, Inc. v. Lextron, Inc. (Fed. Cir., Jan. 24, 2003). The plaintiff, Micro Chemical, alleged that defendants Lextron and Turnkey Computer Systems, Inc. infringed Micro Chemical's U.S. Patent No. 5,315,505 for a computerized medical records system for tracking health histories and medical treatments of livestock.
The defendants objected to the testimony of Micro Chemical's expert, Edward Fiorito, arguing, among other things, that he based his opinion on inaccurate facts and relied on the statements of others and did not undertake an independent investigation of the feedlot industry or personally review the parties' financial records. The Federal Circuit upheld the District Court's decision to allow the expert testimony, explaining that under Rule 702 of the Federal Rules of Evidence a trial court is required to ensure that expert testimony must be based on 'sufficient facts or data,' but that Rule 702 does not authorize a trial court to exclude an expert's testimony because it believes one set of facts or the other. The Federal Circuit also cautioned that the trial court's role of gatekeeper described in Daubert is 'not intended to serve as a replacement for the adversary system.'
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.