Evidence, Failure To Disclose

The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

Cozen O'Connor on 9/17/2024

In J&S Welding, Inc. v. Liberty Mutual Insurance Company, the U.S. Court of Appeals reviewed a summary judgment ruling in favor of co-defendant West American Insurance Company (“West American”), issued by the U.S. District...more

Failure to Object to Untimely Interrogatories Coupled With a Discovery Violation Leads to Reversal

EDRM - Electronic Discovery Reference Model on 1/5/2024

In Discovery Violation Requires New Civil Rights Trial Against Cop (bloomberglaw.com)(Jan. 3, 2024), Mr. Bernie Pazanowski reported on Morgan v. Tincher, No. 21-2060, __ F.4th __ (4th Cir. Jan. 3, 2024). In short, plaintiff...more

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Security for Costs, Foreign Claimants and Failure to Disclose Evidence of Assets

Conyers on 7/29/2022

A recent decision from the English High Court has highlighted the importance of disclosing details of assets when seeking to resist orders for security for costs against a non-resident claimant. In Ras Al Khaimah Investment...more

Federal Circuit Review - September 2021

Knobbe Martens on 10/6/2021

Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a...more

Damage Expert Testimony Excluded for Failure to Disclose Evidence and to Apportion

McDermott Will & Emery on 9/9/2021

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to preclude a damage expert from characterizing license agreements and opining on a reasonable royalty rate where the sponsoring party...more

When Federal Prosecutors Break Bad – Federal Judge Orders Investigation of Prosecutors’ Misconduct in Criminal Sanctions Case

The Volkov Law Group on 3/3/2021

Federal prosecutors take an oath to execute their duties faithfully. Yet, like all professions, some federal prosecutors have violated this oath. For years, prosecutorial misconduct has come under heightened scrutiny. Do not...more

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

Carlton Fields on 1/13/2020

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Nonreporting Employee/Experts Beware: A Follow-up on Luminara Worldwide, LLC v. RAZ Imports, Inc.

Butler Snow LLP on 6/13/2018

It has been more than one year since the case Luminara Worldwide, LLC v. RAZ Imports, Inc., 2016 WL 6774231, 2016 U.S. LEXIS 158183, (D. Minn. Nov. 15, 2016) became a popular topic for the defense bar. As a brief recap, the...more

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