Experts

An expert’s declaration that sets forth only the expert’s opinions without the supporting facts and reasoning does not satisfy the moving party’s burden of production on a summary judgment motion; so the motion must be denied even if the opposing party does not object to the expert’s declaration. Read More

District court did not abuse its discretion in assessing contempt sanctions against a party for its expert witness’ non-appearance at a deposition; the party failed to show it made good faith efforts to produce the witness as directed in the court’s Rule 37 order. Read More

Before considering an expert’s opinion on a class certification motion, the court must determine whether the opinion is admissible under the Sargon test. Read More

Summary judgment for insurer on bad faith claim is reversed due to a triable issue as to whether insurer’s dispute about the claim amount was genuine since the insurer had not updated its medical expert’s opinion based on new evidence of the extent of the insured’s injuries.  Read More

Plaintiff’s experts on the issue of whether defendant’s drug had caused a rare blood cancer should not have been excluded under Daubert, since the experts were highly qualified doctors who based their opinions on their experience with this and similar diseases, medical literature, and similar proper material.  Read More

A California state court cannot compel a party to undergo a vocational rehabilitation examination by the opposing party’s expert. Read More

It was not an abuse of discretion to exclude portions of plaintiff’s expert declaration which asserted (without any factual basis) that plaintiff’s injury was exacerbated by a short delay in transporting him to hospital.  Read More

In a medical malpractice action, a foreign doctor may testify as an expert on the standard of care since that standard is no longer governed by practice in the locality where the defendant doctor practiced.  Read More