Articles by Jared Firestone, J.D.

Successful Daubert Motions: Best Practices for Challenging an Opponent’s Expert

Due to the enormous consequences this challenge can have, it is critical for any practicing trial attorney to understand how, why, and when behind the motion. Below, we’ve broken down the process of launching a successful Daubert challenge, identifiers of…

Posted on in Working with Experts

Company Sues Oil Exploration Consultant Over Conflict of Interest

CASE: Mar Oil Co. v. Korpan, 973 F. Supp. 2d 775 BACKGROUND: On January 27, 2000, MAR Oil Company entered into a Consulting and Gross Overriding Royalty Interest (GORI) Agreement with Myron Korpan as its consultant for exploring oil and…

Posted on in

Expert Withstands Daubert Challenge in Prilosec Patent Infringement Case

This patent caseĀ relates to the drug Prilosec(R), one of the most widely prescribed medicines in history. Plaintiffs AstraZeneca, LP Ā (ā€œAstraZeneca”) asserted certain claims of two patents which cover the Prilosec(R) formulation, U.S. Patent Numbers 4,786,505 and 4,853,230 (the “‘505 Patent”…

Posted on in

Experts Play Key Role in Unfair Trade Practices Dispute

Case: Ferring Pharms., Inc. v. Braintree Labs., Inc., 2016 U.S. Dist. LEXIS 131489 (D. Mass. Sept. 23, 2016) Factual Background: This case concerned two pharmaceutical companies that had competing products used for bowel cleansings before colonoscopies. Defendant Ferring Pharmaceuticals, Inc.…

Posted on in

Economics Expert Evaluates Financial Obfuscation in Divorce Proceeding

Case: Sorce v. Sorce Enters. (In re Sorce), 2016 IL App (3d) 140425-U (Ill. App. Ct. 3d Dist. 2016) On May 18, 1985, Roy and Agnes Sorce were married. During their marriage, Roy and Agnes had four children. Though the…

Posted on in

Expert Plays Key Role in VARA Action Involving Public Art

The plaintiffs in this case filed an action pursuant to the Visual Artists Rights Act of 1990 (VARA) (17 U.S.C.S. Ā§ 106A) to prevent the alteration or destruction of certain art work (ā€œthe Workā€) installed by them in the lobby…

Posted on in

Self Taught Expert Witness Makes Waves in Walter Scott Shooting Case

A rare incident occurred last month in Charleston, South Carolina, as lawyers argued about the qualifications of an expert witness with no formal training. Bill Williams, the owner of a forensic consulting business and an accident recreation expert, was called…

Posted on in News

Florida 2nd District Court Calls Med-Mal Damage Caps “Unconstitutional”

An appeals court in Florida has declared that damage caps on monetary rewards limiting the recovery amounts of plaintiffs in medical malpractice lawsuits is unconstitutional. This case was decided in the 2nd district court of Florida. Previously, the 4th district…

Posted on in News

Daubert Anaysis – Expert Testimony in DuPont “C-8” MDL

Case Name:Ā Freeman v. E. I. du Pont de Nemours & Co. (In re E. I. du Pont de Nemours & Co.), 2016 U.S. Dist. LEXIS 43337 Freeman v. E.I. du Pont de Nemours & Co. stemmed from a multidistrict litigation…

Posted on in Working with Experts

5 Powerful Direct Examination Tactics for Expert Witnesses

Effective direct examination of an expert witness is crucial when it comes to a bench or jury trial. It is extremely important for any practicing trial attorney to know what to ask in order to ensure the judge or jury…

Posted on in Working with Experts