All news related to expert witnesses!

Expert’s contingency-fee arrangement with counsel raises serious questions on reliability and fair play: U.S. District Court, Missouri

An expert witness’s contingency fee arrangement with the counsel, which was recently brought to light by the opposing party in the United States District Court for the Eastern Division of Missouri, has raised some serious questions about the overall reliability of expert’s opinions and fair play considerations involved in the trial. The Plaintiff’ expert witness […]

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New Mexico Court sheds light on “non-retained” experts’ disclosure

In a recent decision (Peshlakai v. Ruiz) the primary issue before the United States District Court of New Mexico was that whether the Court should strike Plaintiffs’ 142 “non-retained expert” witnesses and require each witness to comply with the disclosure requirements of Rule 26 of the Federal Rules of Civil Procedure. The Court clarified the […]

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Tenth Circuit approves co-authored expert report in accountancy fraud

Noting that “co-authored expert reports aren’t exactly uncommon”, the Tenth Circuit recently approved one prepared by Keith Prescott and Val Oveson, two accounting experts from Wisan, Smith, Racker & Prescott LLP in the case of Dale K. Barker Co., P.C. v. Valley Plaza. Particulars of the case Larry and Patricia Sumrall needed professional help with […]

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Coroner does not qualify as expert witness: Illinois District Court

Lack of specialised medical training or education makes a Coroner unqualified to be an expert witness – ruled the Illinois District Court on 12th September 2013 in the wrongful death trial of Hammond v. System Transport, Inc. Background of the case A semi-tractor trailer driven by Robert Austin collided with a vehicle driven by Curtis J. […]

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Nine expert witness challenges ruled upon in Wisconsin

The Wisconsin District Court recently came across nine lengthy motions in limine filed by the Defendants in the case of Stevens v. Stryker Corp. – all challenging the admissibility of the Plaintiff’s expert witnesses. The cause of action arose when a pain pump manufactured by Defendants Stryker Corporation and Stryker Sales Corporation caused Plaintiff Amy […]

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Expert Witnesses, Jurors and Facebook – how a Facebook message overturned a conviction in Tennessee

The Eleventh Circuit once noted “The American judicial system depends upon public confidence in the jury’s verdict.” However, the unseemliness of jurors using Facebook or Twitter to discuss their jury service are increasingly spawning public doubt about the capacity of the modern jury system to achieve justice – and was recently reaffirmed by the Tennessee Supreme […]

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Defendant poses Daubert challenge to its own expert witness in Indiana

A typical Daubert challenge is a motion wherein the validity and admissibility of a particular expert testimony is challenged by the opposing counsel. Interestingly, the Indiana District Court was recently faced with an unusual Daubert motion in the case of Delarosa v. Speedway LLC, where the Defendant of the negligence suit sought to exclude not only the […]

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San Joaquin County DA’s office gets a lesson in engaging experts in time

When should an attorney get in touch with an expert witness? And when do attorneys usually get in touch with expert witnesses? In an ideal world, the answer to both these questions would be – as early as possible. However, attorneys are known to contact expert witnesses at the eleventh hour and somehow try to […]

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No need for expert to repeat the parties’ interpretation of a contract: Georgia District Court

Expert testimony generally does not help the trier of fact when it offers nothing more than what lawyers for the parties can argue in closing arguments or when it simply reiterates or recasts the parties’ interpretation of a contract. So it was natural when the Georgia District Court excluded an insurance expert witness in the […]

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Court denies Plaintiff ADA Expert Witness fees after Defendant casts doubt over time spent

“An unscrupulous law firm sends a disabled individual to as many businesses as possible in order to have him or her aggressively seek out all violations of the ADA. Then, rather than simply informing a business of the violations and attempting to remedy through ‘conciliation and voluntary compliance’, a lawsuit is filed. Faced with costly […]

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National Expert Witness Day on Daubert’s Anniversary

On this very day in 1993, the Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, arguably one of the most important decisions of the 20th century. The American civil justice system is the backbone of the society which provides everyone with the right to a trial by a fair, unbiased jury. It would not be an […]

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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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Expert Witness Encyclopedia – Bringing All Information About Experts Under One Portal

Two months ago, we were looking at a long list of gatekeeping issues and it was a pain to find some of the decisions which defined the gatekeeping standard for several states. This is when we thought that there needs to be a single place where all information about expert witnesses should be available to anyone […]

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Florida Legislature Adopts Daubert Standard for Expert Testimony

The Florida House and Senate have passed a Daubert bill, which now apparently awaits only the governor’s signature. After years of trying, Florida has, at least legislatively, become the country’s 27th (or 21st or 31st, depending on which definition sways you) Daubert state. The federally adopted Daubert standard for admission of expert testimony replaces Florida’s […]

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Experience-Based Expert Testimony Need Not Meet Daubert’s Requirements: Alaska Supreme Court

In a recent decision (Thompson v. Cooper), the Supreme Court of Alaska held that admissibility of expert testimony based on experience does not need to be subjected to the Daubert Test. While the Court did a great job of explaining why it doesn’t, Expert Witness Guru’s Research Attorney, Sanandita Chakraverty, takes a look at the case and the […]

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Analytically flawed and unreliable testimony has to be excluded, following Daubert

FACTS EPlus filed an action against Lawson Software, Inc. alleging that Lawson had been infringing EPlus’ method and system claims. The jury found for EPlus and Lawson appealed, arguing that the system claims were indefinite and that the evidence of infringement of the method claims did not support the jury’s verdict. At trial, Lawson had […]

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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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