$14 Million Verdict Overturned in Virginia

March 10, 2015

As a parent, sometimes the best (or only) answer you have for your kids is “Because I said so.” Fortunately as defense counsel in products liability cases, the law requires that plaintiff’s experts actually have some basis for his or her opinion. Ipse dixit should not be enough. Good news out of the state of […]

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Court Doles Out Advice: Experts Must Be Humans

March 6, 2015

As my colleague recently discussed, humanizing a corporation is a critical element of any products liability defense strategy. After all, when an individual plaintiff is pitted against a corporate defendant in the courtroom, getting a jury to sympathize with the corporation is often an uphill battle. But, as a Delaware Chancery Court ruling clarified last week, defense […]

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New Jersey State Court Rejects Plaintiffs’ Experts in Accutane Litigation

March 2, 2015

In yet another decision reflecting the crucial role that expert testimony on causation plays in pharmaceutical cases (see here), a New Jersey State Judge recently excluded two plaintiff experts whose testimony sought to connect the acne medication Accutane to Irritable Bowl Disease (“IBD”), particularly Crohn’s disease (“CD”).  Given that this case is one of approximately […]

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Ohio Supreme Court Rules State Laws Preempt Local Fracking Rules

February 27, 2015

Whether cities and towns can regulate hyrdaulic fracturing, or “fracking,” through zoning or permitting ordinances has been a hot topic over the past several years.  Pennsylvania’s and New York’s highest courts have both ruled that localities in the respective states have the right to enact zoning regulations that effectively ban fracking.  In contrast, a Colorado judge […]

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New Mexico Federal Court Addresses Preemption and Constitutionality of Local Fracking Ban

February 24, 2015

One critical topic that continues to arise in the fracking arena is the hotly discussed issue of preemption and attempts to regulate or outright ban fracking at the local level.  In fact, in just the last few months, this charged issue has come up in New York and Colorado and as expected, there were more preemption […]

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