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Experts

Limine and other pretrial rulings

December 2, 2019December 2, 2019 msmithDamages, Experts, Judge J. Rodney Gilstrap, Limine Motions, Marshall

Nothing like a set of pretrial rulings to start your day off, especially when they include partial grants regarding damages experts.

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What does three up and three down mean to you?

October 4, 2019October 4, 2019 msmithExperts, Judge Roy S. Payne (USMJ), Marshall

No, not the end of an inning. The end of a motion to strike parts of an expert’s report, of course.

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Post-Deposition Expert Declarations

August 29, 2019August 29, 2019 msmithDiscovery, Experts, Judge Roy S. Payne (USMJ), Marshall

Expert witnesses deposed, after which they execute additional declarations. Can the declarations be stricken or the witnesses redeposed on the declarations?

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Admissibility of Bryan Garner

August 22, 2019August 22, 2019 msmithExperts, WDTX Cases

Bryan Garner

Bryan Garner is an expert lexicographer, grammarian, and textualist. What he isn’t is testifying in federal court in Waco anytime soon.

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Expert reports struck in part

August 20, 2019August 20, 2019 msmithExperts, Judge Roy S. Payne (USMJ), Marshall

Portions of the defendant’s damages and invalidity experts’ reports were ordered struck in this case, providing a good look at what is a bridge too far for an expert.

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Motions to Reconsider, pt. 2

August 14, 2019August 14, 2019 msmithExperts, WDTX Cases

Not too long ago I posted on Judge Albright’s denial of a motion to substitute experts. He just ruled on the request to reconsider that decision. I would say, as I did recently on the SJ motion in this case, that that would give us insight into how he views motions to reconsider, but the graphic sort of gives it away.

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Would You Believe … More Pretrial Rulings?

July 3, 2019July 3, 2019 msmithExperts, Judge J. Rodney Gilstrap, Limine Motions, Marshall

The Rmail case – or at least part of it – apparently settled late Sunday evening, but it’s never too late to see what can be gleaned from the most recent batch of pretrial rulings on expert motions and motions in limine.

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More Pretrial Rulings on Experts

June 25, 2019June 26, 2019 msmithExperts, Judge J. Rodney Gilstrap, Marshall, Summary Judgment

Prior to holding a hearing on seventeen dispositive motions and 62 disputed limine motions, the Court issued this order resolving seven of the motions, all addressed to expert testimony.

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Payment Disputes With Experts

June 3, 2019June 3, 2019 msmithExperts, WDTX Cases

Another interesting case from the birthplace of Dr Pepper, which has since decamped to the Eastern District of Texas, first as part of Snapple (to Plano) and now as part of Keurig Dr Pepper (to the Star in Frisco). Anyway, this case involves a plaintiff attempting to switch damages experts midstream because of a payment dispute.

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Another Patent Damages Expert Order

May 29, 2019May 29, 2019 msmithDamages, Experts, Judge Roy S. Payne (USMJ), Marshall

I don’t mean to sound like I don’t like these orders because I do – they’re always informative and provide a useful explanation of what precisely about a damages expert’s opinion is and is not admissible. So let’s see what this opinion can tell us about the not particularly common application of the Panduit factors relevant to claims of lost profits.

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Welcome!

This weblog is devoted to practice in the U.S. District Court for the Eastern District of Texas, with special emphasis on patent litigation.

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Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Siebman, Forrest, Burg, & Smith, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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