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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.'
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
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.