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
Counsel for plaintiffs in the Tamraz v. Lincoln Electric Company (pdf) has filed a petition for en banc review of the Court’s recent reversal of his $20.5 million verdict. In their petition, the plaintiffs claim that the majority (1) did not properly apply an abuse of discretion standard to the trial judge’s decision to admit the expert testimony at issue, … Continue Reading