Daubert Report : Weekly Digest # 14
Expert Witness Profiler [EWP]
EWP provides background reports on expert witnesses and consultants across the United States, Canada and UK.
Economics Expert Witness’ Analysis of Job Opportunities Available to Plaintiff Excluded
Economics Expert Witness' Testimony held to be of little use to determine whether or not Plaintiff mitigated damages
Fire Investigation Expert Witness Deemed Unqualified to Opine on Candle Design
Fire Investigation Expert Witness not allowed to summarize testimony the jury could hear and consider themselves
Insurance Expert Witness’ Testimony on Legal Parameters for Bad Faith Excluded
Testimony of Insurance Expert Witness limited to the custom and practice of the insurance industry in investigating and handling of claims
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Verdict Spotlight
$43 million jury verdict against Phillip Morris reversed in Florida; remanded for a new trial
The Third District Court of Appeal in Florida has reversed a $43 million jury verdict against tobacco giant Phillip Morris in a wrongful death and strict liability case. The lawsuit, brought by the estate of Norma K. Lipp, who died of lung cancer after smoking Phillip Morris's filtered cigarettes, alleged fraudulent actions by the company. ?The appellate court's decision to reverse the verdict hinged on the wrongful admission of hearsay testimony during the trial, leading to a remand for further proceedings.
Verdict:
Total Damages awarded to Plaintiff: $ 43 million (nullified)
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