Maintaining the trend we reported before, the Sixth Circuit has rejected the expert opinions offered by plaintiff in Simmons v. Novartis Pharmaceuticals Corp., No. 11-5053. The case is part of the multidistrict ligation (MDL) proceedings in relation to Zometa and Aredia, drugs used to treat bone problems in cancer patients and produced by Novartis. To make her case, the … Continue Reading
As we reported last week, a trend has emerged in the Sixth Circuit with expert witnesses facing difficult challenges so far this year. Recently, however, one expert survived the more rigorous scrutiny. In V&M Star Steel v. Centimark Corporation, (No. 10-3584) (V&M Star Steel.pdf), V&M sued Centimark Corporation (“Centimark”) alleging breach of contract and negligence stemming … Continue Reading
Adding to line of cases that started a year ago with Tamraz v. Lincoln Elec. Co., 620 F.3d 665 (6th Cir. 2010) (discussed here), the Sixth Circuit has again tightened the requirements for expert testimony under Rule 702 and Daubert in Thomas v. Novartis Pharmaceuticals Corp.pdf, Nos. 09-6147, 09-6272, 09-6274. As previously reported last September, a … Continue Reading
We have previously posted on the welding-rod case Tamraz v. Lincoln Electric Company, and the new, higher standard for expert causation testimony under Daubert. We reported that on the plaintiff’s cert petition here. The Supreme Court has now denied the plaintiff’s petition for certiorari. The case, which had resulted in a $20.5 million verdict, will … Continue Reading
