DAMAGES ARTICLES PAGE 2

4/24/2014· Damages

New Path For Accelerated Damages Discovery Requires Immediate Expert Assistance

By: David Nolte

The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases. The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant's production of potentially infringing sales data and plaintiff's good faith estimate of damages. Accomplishing this will require expert assistance immediately in the process. Even for cases that do not settle, this damage estimate will inform the Court's discovery decisions and resource allocations.

11/13/2013· Damages

Investigating the True Cause of Post Hurricane Property Conditions

By: EFI Global - Ted Cleveland and George Eustace

Following a hurricane, damages to a residential structure can range from structural distress, to small areas of mold growth to a total loss of the structure. Storm damage can affect multiple components of a structure including the roof, windows, siding, foundation and interior finishes. Wind or water is often the most common cause of damage to residential properties; however, there are many factors to consider when assessing the various causes of damage. Some of the factors include material use, age, condition and construction methods as well as type, location and extent of the damage. It is essential that a professional with hurricane damage assessment experience evaluate these factors to accurately define the cause.

7/10/2013· Damages

Neither Expert Nor Inventor Allowed To Opine On Reasonable Royalty Damages

By: David Nolte

A Delaware federal court recently closed the door on each of two possible paths to damages for Plaintiff in the matter of AVM Technologies, LLC v. Intel, Inc. (Civil Action No. 10-610-RGA). U.S. District Judge Richard G. Andrews granted Defendant's motion to exclude Plaintiff's expert, while also granting Defendant's motion in limine to preclude any proposed expert testimony from the inventor of the patent in question.

6/18/2013· Damages

Lost Compensation Settlement Tool Allows You To Assess Economic Damages Accurately And Efficiently, Under Various Scenarios

By: David Nolte

Lost compensation is a method of capturing economic damages in personal injury, medical Malpractice, wrongful termination, failure to promote and other similar torts.

5/21/2013· Damages

Supreme Court Brings California Closer to the Federal Expert Witness Admissibility Standard

By: David Nolte

In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert's testimony.

3/11/2013· Damages

Rules Of Thumb And Other Short-Cuts Are Dangerous For Damage Calculations

By: David Nolte

Plaintiffs often desire short cuts to damage measurements. Given the cost of using experts employing proper methods and data, the temptation is obvious.

1/25/2013· Damages

Minimizing the Impact of Medical Equipment Losses

By: Envista Forensics - Andrew Spetter and Mark Ewing

Doctors and nurses need to make quick, educated decisions to minimize the impact of difficult situations. These decisions are based on the practitioner's years of experience, their education, the science and technology available, and with the assistance of critical analytical and diagnostic equipment.

1/22/2013· Damages

Posner Opinion Provides Worthwhile Damage Guidance

By: David Nolte

In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones. Seventh Circuit Judge Richard Posner, sitting by designation, threw out all damage witnesses for both parties on Daubert motions. Then, since both parties lacked damages testimony, he dismissed both cases with prejudice.

11/19/2012· Damages

Investigating Equipment Damage Claims in Latin America

By: Envista Forensics - John Hicks

A water pipe breaks in a healthcare provider's facility, saturating an MRI control cabinet. The manufacturer is called in and spends $200,000 on attempted repairs. The unit still doesn't work. The manufacturer says the entire unit needs to be replaced, at a cost of $240,000.

2/16/2011· Economics

Measuring The Loss Of Enjoyment Of Life In Personal Injury Cases In Washington - Hedonic Damages

By: Stan V. Smith

In most courts, the value of a human being is not recognized. According to the laws of many states, your life isn't worth a "plugged nickel" if you no longer work.