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HTMLUS Court of Appeals Confirms that Expert Testimony Must Offer Scientific Proof, Not Hypotheses, on Causation
Carl J. Summers; Mayer Brown LLP;
Legal Alert/Article
November 14, 2014, previously published on October 30, 2014
In a recent decision, the US Court of Appeals for the Eleventh Circuit affirmed summary judgment for a defendant based on the trial judge’s exclusion of expert testimony opining that a calcium-zinc compound in Fixodent denture adhesive caused the plaintiff’s neurological disorder. The...


HTMLFourth Circuit Holds that Experts Must Separate Opinions From Fact Testimony and Lay Adequate Foundation for Both
Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
June 11, 2014, previously published on June 3, 2014
Increasingly, in a number of contexts, experts are playing the role traditionally filled by attorneys: reviewing and explaining the relevance of the evidence, integrating it into the party’s narrative, and mixing in opinions along the way. This has the potentially dangerous effect of placing...


HTMLSixth Circuit Slams the Door on Unreliable, Result-Oriented Expert Testimony in Disparate-Impact Case
Miriam R. Nemetz, Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
Plaintiffs increasingly rely on questionable expert testimony to fill gaps in their proof, trusting that the imprimatur of an expert will overcome otherwise insuperable deficiencies in their cases. In employment cases, where dubious expert testimony frequently is offered to show disparate impact or...


HTMLEn Banc Ninth Circuit Adds Teeth to Daubert Gatekeeping Obligation
Carl J. Summers, Evan M. Tager; Mayer Brown LLP;
Legal Alert/Article
January 23, 2014, previously published on January 21, 2014
On January 15, the en banc US Court of Appeals for the Ninth Circuit issued a decision in Barabin v. AstenJohnson, Inc. that significantly strengthened and expanded the gatekeeper role of both trial and appellate courts in determining whether to admit expert testimony.


HTMLSixteen-Year Battle Saves Pro Bono Defendant from Death Penalty
Carl J. Summers; Mayer Brown LLP;
Legal Alert/Article
February 15, 2013, previously published on February 14, 2013
On February 6, 2013, after an almost 16-year representation, Mayer Brown lawyers secured a plea agreement with the State of Georgia that avoids the death penalty for a mentally retarded defendant who had been convicted for a double murder in 1988. The agreement imposes a sentence of life without...