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A "Daubert hearing" takes its name from a United States Supreme Court case titled Daubert v. Merrell Dow Pharmaceuticals, Inc. It refers to a hearing in which the trial judge evaluates whether testimony or evidence from a particular expert is admissible. The hearing occurs outside of a jury's presence before trial. This type of hearing is often necessary in a pharmaceutical injury case where the plaintiff alleges the drugs prescribed caused serious harm.In Kentucky, a trial judge must determine whether the expert will be testifying to (1) technical, scientific, or specialized knowledge that (2) will help the trier of fact understand a fact at issue in the trial. A hearing is not always required, but a trial judge can only rule without a hearing if the record before the court is complete enough to measure the proposed evidence against the standards of reliability and relevance. Evidence must be both reliable and relevant to be admitted.A 2008 pharmaceutical injury case involving, among other issues, a Daubert hearing arose when a woman gave birth to her second child by cesarean section. She didn't want to breastfeed, so her obstetrician prescribed the drug Parlodel to stop her lactation. She started the drug and was discharged from the hospital. A few days later, she experienced a headache and pain between her shoulders. The next morning, her mother found her dead. Read More

Negligence lawsuits in Kentucky must be brought within the applicable statute of limitations. There are several causes of action under which recovery may be possible, but if you fail to bring your lawsuit within the applicable statute of limitations, you may not be able to proceed. There may only be a small window of time within which you can file suit. An experienced Kentucky personal injury attorney can help determine the appropriate method of recovery and applicable statute of limitations.In a 2011 case, the Kentucky Supreme Court considered whether a 1-year personal injury statute of limitations or the Motor Vehicle Reparations Act (MVRA) 2-year statute of limitations applied in the case of a man who was hurt as a tractor-trailer was being unloaded. The plaintiff was a contract truck driver at the time.On the day before the accident, the plaintiff was picking up aluminum bundles in Iowa that he planned to deliver in Kentucky. They were loaded into two stacks with three layers each. By the next day, the load had shifted. A forklift operator began unloading. The plaintiff was helping to roll up unattached straps. A bundle of aluminum hit the plaintiff. As a result of his injuries, he wasn't able to work for 6 months. Read More

ELPO can help with H1-B filings Read More

ELPO attorney pushes insurer for proper replacement Read More