Victoria Langley, J.D.

Victoria Langley, J.D.

Court Finds Kansas Law Banning Wrongful Birth Lawsuits Is Constitutional

On April 30, 2021, the Kansas Supreme court handed down a decision upholding a ban against wrongful birth lawsuits aimed at practitioners. The decision affirms lower courts’ verdicts against a couple who sought damages upon learning of their baby’s serious brain abnormalities after the eligibility window to terminate the pregnancy. Tillman and Fleetwood v. Goodpasture

Posted on May 19, 2021 in Litigation Monitor & News

Zantac MDL Defendants Face Accusations of Spoliation and Hindering Discovery

French drugmaker Sanofi and numerous other drug manufacturers, retailers, and pharmacies are currently defending lawsuits related to Zantac. At the center of the action are allegations that the drug contained potentially cancer-causing carcinogens. More than 70,000 former patients have sued the companies for their alleged failure to warn consumers about the risks associated with taking

Posted on May 26, 2021 in Deposition & Discovery & Litigation Monitor & News

PA Experts May Rely on Hearsay But Not Novel Evidence

In Pennsylvania, the rules controlling expert witnesses are similar to the federal rules—with some notable exceptions. One such exception is that attorneys can effectively defend their expert’s reliance on hearsay and other inadmissible evidence. However, under the Frye standard, PA courts are less likely to allow experts to rely on novel scientific information. Pennsylvania’s Rules

Posted on June 4, 2021 in Featured & FRE, Daubert, & Frye & Working with Experts

Special Purpose Acquisition Companies (SPACs) See Growth in Popularity and Lawsuits

Once upon a time, a Special Purpose Acquisition Company (SPAC) carried a great deal of stigma. Most organizations didn’t consider it the ideal way to go public. However, attitudes have shifted, and SPACs are bringing many young companies public. The rise in SPACs has garnered a great deal of attention from prospective investors. SPACs have

Posted on July 13, 2021 in Featured & Litigation Monitor & News

11th Circuit Affirms Equifax Settlement, Reverses Incentive Fees

After several objections, the U.S. Court of Appeals for the Eleventh Circuit affirmed the $380.5 million Equifax settlement. The only reversal involved incentive awards to named class members. Nonetheless,  a subsequent 11th Circuit ruling prohibited these fees. The ruling led the court to remand the case back to the lower court to vacate them. A

Posted on July 15, 2021 in Featured & Litigation Monitor & News

5 Causes of Unexpected Expert Exclusions

Expert witnesses are necessary in many cases, including car crashes, products liability, medical malpractice, and insurance coverage disputes. But whether or not a professional qualifies as an expert or offers admissible testimony can become a contentious issue in court.

Posted on August 11, 2021 in Featured & Resources for Experts & Working with Experts

Colorado Passes Comprehensive Privacy Law

Although the federal government hasn’t passed a comprehensive data privacy law, states are taking matters into their own hands. California has the Privacy Rights Act (CPRA), which amended and expanded the California Consumer Privacy Act. Virginia has the Consumer Data Protection Act (VCDPA). Now businesses must learn the Colorado Privacy Act (CPA), which Gov. Jared Polis signed into law on July 2, 2021.

Posted on August 17, 2021 in Featured & Litigation Monitor & News

Arizona Supreme Court Reinforces Need for Expert Testimony in Medical Malpractice Cases

A medical malpractice case involving the death of a four-year-old boy made it to the Arizona Supreme Court. The issue: whether the plaintiff and their medical expert established causation.

Posted on August 26, 2021 in Featured & Litigation Monitor & News

Missouri Supreme Court Upholds Medical Malpractice Damage Cap

The Missouri Supreme Court recently ruled that limits on the noneconomic damages for medical malpractice cases are constitutional. As such, this decision allows a law passed in 2015 to move forward.

Posted on August 26, 2021 in Featured & News

Site Inspection Checklist for Expert Witnesses

Performing a site inspection for a legal matter for the first time can be intimidating. Whether you’re an expert witness inspecting a workplace, construction site, office building, or hotel, the legal team that hired you is relying on your opinion, professionalism, and expertise to support their injured client.

Posted on September 29, 2021 in Featured & Resources for Experts