No Expert? No Trial.

In an unfortunate case of negligence and premises liability arising out of an on-campus rape committed against one of the resident students of the Carthage College, the 7th Circuit vacated the summary judgment granted to the college based upon the exclusion of expert testimony by the district court. The decision of the District Court to […]

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Guest Blogging As A Marketing Tool

Every time there is a discussion on expert witness marketing, the dichotomy between the ones who believe expert should market and the rest who believe they should not always manifests. Being a firm believer in expert witness marketing (and that does not mean only online), I will look at the practice of guess blogging as […]

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Testimony Prepared Solely For Litigation: Assessing The Fifth Prong Of The Daubert Standard

A district court can analyze more rigorously the admissibility of an expert’s testimony if the expert’s opinion was prepared solely for litigation as opposed to testimony flowing naturally from an expert’s line of scientific research or technical work. Brave New World The year was 1995. The Ninth Circuit had to rule upon Daubert vs. Merrel […]

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Mastering the Web – Expert Witness Chronicle Takes A Quick Look Into How Google Webmaster Tools Can Help Expert Witnesses Improve Their Online Visibility

There are several avenues for an attorney to find an expert witness. While some would turn to a colleague who would know an expert, others would call the big referral agency to provide them with an expert. However, with the internet totally rocking our worlds in all possible ways, there is no reason to doubt that […]

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2nd Circuit Burns Daubert in Social Security Proceedings

In accepting or rejecting the testimony of an expert witness, does the ALJ owe an explanation? The Second Circuit does not think so. If an objection is raised against an expert’s methodologies or his foundation, the ALJ is not even required to conduct an inquiry into the issue. The Case of Brault Vs. SSA George […]

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Expert Witness Chronicle – Latest Issue Ready for Download (Vol. 1, Issue 3)

The applicability of Daubert is something that has always been a bone of contention with different jurisdictions. Whether Daubert will apply at the stage of class certification is already causing a confusion with different circuit courts standing divided on the issue. Recently, the 2nd Circuit mandated that Social Security Administration proceedings will not find themselves […]

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New York introduces bill to end ‘trial by ambush’

The Federal Rules of Civil Procedure [Rule 26(a)(2)] govern disclosure of expert witnesses in federal proceedings. Rule 26(a)(2)(d) specifically provides,  A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order, the disclosures must be made: at least 90 days before the […]

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Court precludes economic expert from testifying on the issue of “Punitive damages” based on SEC Fines, Antitrust Violations and Speeding Fines!

Plaintiff Jo Belle Baldonado sued Wyeth Pharmaceuticals alleging that its hormone replacement therapy products, including Prempro, caused her breast cancer. She designated an expert economist to testify, among other issues, regarding punitive damages. Wyeth moved to preclude this testimony. The Defendant did not challenge the expert’s qualifications, but instead argued that his proposed testimony was […]

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Expert Witness Chronicle – Issue 2 out now

We just released the second issue of our monthly expert witness magazine – Expert Witness Chronicle. The issue is available free of cost and can be downloaded by simply filling the form at the end of this page. In this issue, we have several guest posts from industry leaders and expert witnesses themselves which would […]

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A Witness Can Qualify as Both Fact and Expert Witness

United States v. Christian A witness can qualify as both fact and expert witness. An expert may base an opinion on fact or data in the case that the expert has personally observed. Facts Charles C. Christian appealed his conviction for being felon in possession of a firearm, user in possession of a firearm and […]

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