New Jersey Adopts Stricter Standards for Admissibility of Expert Testimony

Posted by on August 14, 2018

On August 1, 2018, the New Jersey State Supreme Court handed down a landmark decision when they unanimously voted to adopt stricter standards for expert testimony, affirming the court’s role as the “gatekeeper of scientific evidence”. Expert Testimony Properly Excluded The court’s ruling is a direct result of ongoing litigation surrounding claims that the prescription
Read More

Massive Talc Verdicts Will Encourage More Investment in the Litigation Industry Related to Asbestos

Posted by and on August 1, 2018

In September, 2016 the firms of LSP Group, Innovative Science Solutions, and Assured Research collaborated to produce our second, in-depth and multidisciplinary analysis of the changes to and new directions in asbestos litigation. Our work included detailed thoughts on the scientific and legal developments, such as risks of more claims involving asbestos and cancers other
Read More

Litigation in the Pipeline for Liquid Filled Intragastric Balloon Systems?

Posted by on July 2, 2018

This post was authored by Sai Gandhe and Giovanni Ciavarra, PhD. Sai is a summer intern at Innovative Science Solutions and a senior at Case Western Reserve University studying systems biology and business management. Obesity has been associated with numerous health problems such as increased risk for heart disease, stroke, diabetes, high blood pressure, sleep
Read More

Genomics as an Insurance Claims Management Tool

Posted by on June 25, 2018

This article was co-written with William Wilt, President of Assured Research, a research and advisory firm dedicated to delivering highly customized, actionable research and analysis to insurance and investment professionals. It was adapted from their February 2018 briefing. Since the human genome was mapped more than a decade ago, and with the exponential increases in
Read More

All Mesothelioma Cases Are Not Caused by Asbestos

Posted by on June 5, 2018

Ask any seasoned lawyer how he or she plans to defend their next asbestos mesothelioma case and you are very unlikely to hear that general causation will be at the heart of their strategy. In other words, there seems to be a tacit acceptance that asbestos exposure in some form was a cause of the
Read More

The Meso Gene

Posted by on May 29, 2018

The ongoing revolution in genomic science is having an impact on many facets of modern life, including toxic tort litigation. This point was apparent at the recently held American Conference Institute’s 23rd National Forum on Asbestos Claims & Litigation (May 21-23, 2018) in Chicago, where I presented with my colleague Kirk Hartley (also of ToxicoGenomica)
Read More

Biosimilar Patent Litigators Can Benefit from the Right Consulting and Testifying Experts

Posted by and on May 29, 2018

The commercialization of biosimilars was enabled by the Biologics Price Competition and Innovation Act (BPCIA) of 2009 which was signed into law on March 22, 2010 as part of the Patient Protection and Affordable Care Act. Biologics are produced using living organisms, and thus, are usually much more complex than most small molecule drugs. Biosimilars
Read More

Opioid Litigation – The Defense Perspective [Download Conference Presentation Slides]

Posted by on April 23, 2018

The opioid litigation landscape continues to evolve, with over 200 lawsuits currently consolidated in the multidistrict litigation (MDL), In re: National Prescription Opiate Litiga­tion, MDL No. 2804, in the Northern Dis­trict of Ohio and being overseen by U.S. District Court Judge Dan Polster. New opioid cases continue to be filed (inside and outside of the
Read More

Unverified Science-Based Claims in the Media – Another Example Why the “Ingelfinger Rule” is so Important

Posted by on March 19, 2018

It’s likely that most readers of this blog, let alone most members of the public, have little idea of what the Ingelfinger Rule is and less about why it is so important. First promulgated in-house by the New England Journal of Medicine in 1969, the rule stipulated that the editors would not accept findings that
Read More

How to Find the Right Regulatory Experts for Your Case or Controversy

Posted by , and on March 13, 2018

Whether you are outside counsel retained in a pharmaceutical product liability case or in-house counsel responsible for a chemical manufacturer in a high-profile government investigation, having the right regulatory expert can be the difference between remarkable success and high stakes failure. What should you look for in an expert? In selecting the best regulatory expert,
Read More