This case is interesting for three reasons: The plaintiff engaged the wrong kind of expert; despite that fact, the jury returned a plaintiff’s verdict, which was reversed on appeal; and the opinion provides a useful explanation, which I have not seen before, of what makes an expert’s opinion “speculative, conclusory, and without a proper evidentiary foundation.”
Many, if not most, states have different statutes (or different common law doctrines) that toll the applicable statute of limitations (SOL) in different circumstances. These circumstances include the discovery rule in medical malpractice cases and the tolling of the SOL if the plaintiff was a minor when the cause of action accrued, was deemed mentally incompetent when the cause of action accrued or while the SOL was running, was imprisoned while the SOL was running, or when the defendant is not physically within the jurisdiction and cannot be served with process. In Louisiana, by contrast
As we all know, the COVID-19 pandemic is wreaking havoc on the health, economies, and even political stability of nations, cities and towns across the globe. In America, it is also causing a growing wave of litigation that will likely go on longer than the pandemic itself. Lawsuits will emerge from virtually every corner of our society and will involve a wide range of businesses, many state and local governments, and a broad cross section of our population. Governments will endeavor to protect businesses (see
On March, 14, 2019 the Connecticut Supreme Court issued its decision in Soto v.
In December 2018, two different courts issued opinions in favor of Apple in personal injury/wrongful death suits. The first is Modisette v. Apple Inc. (https://www.courthousenews.com/wp-content/uploads/2018/12/Modisette.pdf), from the Court of Appeal of the State of California; the second is Meador v. Apple Inc. (http://www.ca5.uscourts.gov/opinions/pub/17/17-40968-CV0.pdf), from the U.S.
As an expert witness referral service, we provide experts in all fields of specialization for all types of litigation. One of the core areas of litigation that we are involved with is medical malpractice.
The case is Smith v. Chrysler Group (5th Cir. 11/26/2018), http://www.ca5.uscourts.gov/opinions/pub/17/17-40901-CV0.pdf. The opinion concisely summarizes the facts as follows:
