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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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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Ninth Circuit holds exclusion of expert testimony to be erroneous; reverses and remands for a new trial

Facts Eric Vogel, a mentally ill adult, was arrested by the Police for assaulting a police officer and was kept in an isolation cell with a huge window opening the cell to the view of the jailers and to inmates. He was assessed by a psychological counselor, as disoriented, paranoid, and psychotic. After the assessment, […]

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Sixth Circuit reverses disqualification of expert; orders qualification enquiry under Fed. R. Evid. 601 and 702

Facts Hans Bock died due to internal bleeding following cancer treatment and his wife, Ilse Bock, sued the defendant UTMG. She retained Dr. James H. Shull, M.D. to testify as an expert witness. UTMG moved for summary judgment arguing that Dr. Shull was not competent to provide opinion testimony, and therefore, plaintiff could not establish […]

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Credibility Assessment Information on 811 new expert witnesses

811 new expert witnesses were added to our proprietary database in the month of January 2012. This research was primarily conducted on case laws, briefs, dockets, motions and pleadings filed in various courts across the United States. You can now order a customized Expert Witness Profile and receive complete information about any of these or […]

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Celebrating 18 years of the Daubert standard

Today is a big day in the history of expert witness testimony. The Daubert standard for expert testimony turns 18 today!

18 years ago, on this very day in the year 1993, the Supreme Court of the United States passed one of the most important judgments in the history of America. Scores of businesses, including this one, have been conceptualized and flourished as a direct result of the phenomenon called the Daubert standard.

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