Oct 19
The San Antonio Court of Appeals recently affirmed summary judgment for Marathon Oil Corporation in their defense against a case brought by Michael and Myra Cerny. The underlying litigation alleged that emissions from Marathon plants caused the Cernys various injuries and property damage. However, the Cernys presented no expert medical testimony on the causation of …
Jun 04
A recent case illustrated how expert testimony may still be appropriate even when all of the expert’s actual opinions are deemed inadmissible. In Ross v. Rothstein (March 12, 2015), the Court concluded that an expert’s testimony still offered information helpful to the Court with regard to underlying facts that supported his improper (legal) opinions.
May 21
A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company (“Dole”). The defendants designated Stifel, Nicolaus & Company, Incorporated (“Stifel”), a corporation, to serve as their expert witness regarding …
Sep 06
Jones v. ConAgra Foods, Inc. demonstrates the damages-based hurdles that exist for obtaining class certification. Despite Plaintiff’s presentation of three different damages models (“full refund,” “price premium,” and “regression”), Judge Charles R. Breyer concluded each failed to demonstrate class-wide damages and denied class certification.