Experience Details
Representation:
Whirlpool v. Camacho, 298 S.W.3d 631 (Tex. 2009)
Participating Attorneys:
David, Katharine D.,
Liberato, Lynne,
Trachtenberg, Mark
Services: Appellate,
Tort and Products Liability Appeals
2009
Description:
Obtained reversal from the Texas Supreme Court of a $14 million products liability judgment arising out of a fire because the plaintiffs’ expert’s causation testimony was scientifically unreliable. The Court held that both Texas tests for reliability – the “analytical gap” test and the
Robinson-factor test – typically should be used in evaluating expert testimony, and that an expert must offer a convincing explanation for failing to test critical aspects of his theories when such testing is possible.