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BT Product Liability - News and Trends in Product Liability Litigation
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31 Jul 2017 Eighth Circuit Affirms Exclusion of Expert Who Contradicted His Prior Testimony

 Authored by Jan Carroll, Joseph G. Eaton, Oni Harton   The U.S. Court of Appeals for the Eighth Circuit recently declared that experts must, at the least, address obvious alternate causes and avoid contradicting themselves when submitting affidavits long after their depositions have been taken. The Eighth Circuit affirmed the entry of summary judgment for DePuy Orthopaedics, Inc., in a product liability case involving a fractured hip stem. The court found that the plaintiff’s expert’s defect and causation testimony was properly excluded by the U.S. District Court for…

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27 Apr 2017 Beware Your Non-Reporting Expert

  Authored by Joseph G. Eaton and J.T. Larson   A federal district court decision could potentially impact how attorneys interact with their non-reporting expert witnesses.   The case, Luminara Worldwide, LLC v. RAZ Imports, Inc., No. 15-CV-03028, 2016 WL 6774231 (D. Minn. Nov. 15, 2016), involved a patent dispute before the U.S. District Court for the District of Minnesota. The central issues in a discovery battle were the applicability of the attorney-client privilege and the scope of that privilege with respect to a non-reporting,…

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09 Feb 2017 Alter Ego Personal Jurisdiction Arguments Rejected

  Authored by Joseph G. Eaton and Oni N. Harton   A recent case, Goldthrip v. Johnson & Johnson, provides an excellent roadmap to follow when representing out of state corporate parents who have been dragged into court on an alter ego theory of personal jurisdiction based on the local activities of a subsidiary. On Dec. 8, 2016, U.S. Magistrate Judge Sonja Bivins of the U.S. District Court for the Southern District of Alabama, issued a report and recommendation granting Johnson & Johnson’s motion to…

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