Anjelica Cappellino, J.D.

It does not look like it will be a good year for Johnson & Johnson. Last month, the company lost its motion to overturn a $4.7 billion jury verdict in favor of 22 plaintiffs who alleged that asbestos found in…

The Food and Drug Administration has issued a number of medical device recalls in 2018 that, as we embark into 2019, may result in substantial litigation. Like many newly issued recalls, the potential for litigation exponentially increases dependent upon the…

Lime, a scooter and bicycle sharing company, is in hot water after two recent recalls of its brand of electric scooters. In October of this year, Lime recalled 2,000 electric scooters after reports indicated that the batteries of certain models…

Numerous studies have indicated that jurors respond well to visuals, and that graphic evidence drastically increases their rate of information retention from 10% to 87%. Because the average juror is more likely to remember what they see rather than what…

Historically in the United States, witnesses are afforded immunity when testifying in judicial proceedings. The 4th Circuit Court of Appeals has further affirmed this doctrine in a recent decision establishing that expert witnesses squarely fall within the scope of these…

As any expert is well aware, the debate between Daubert versus Frye as the standard for expert witness admissibility is ongoing throughout the United States. While the federal courts follow the Daubert standard, a number of state courts have adopted…

Choosing the right expert witness can exponentially increase your chances of a successful outcome at trial. But like in any other professional relationship, things can go wrong. Whether these issues stem from disagreements over substantive testimony or are simply due…

Under the Daubert standard, the trial judge serves as the gatekeeper who determines whether an expert’s evidence is deemed reputable and relevant. As such, trial judges employ a Daubert test to assess whether an expert witness’ testimony is 1) based…

When admitting expert testimony in federal court, establishing that the witness’s testimony is both reliable and relevant is only half the battle. It is just as important to know the opinions to which an expert cannot attest. Governed by the…

Over the past fifteen years, summary judgment motions filed by defendants in medical malpractice cases have experienced an increased likelihood of success, with the crux of the motion dependent upon expert opinion. Generally, summary judgment motions must show that there…