Expert Witness News, Articles, Reports and Reference Documents

Mar 6 ’17 — Disclosure of proposed expert witness testimony is not required when experts are not “specially retained” for litigation, the Wyoming Supreme Court has ruled, affirming the district court’s decision.

Feb 17 ’17 — A clinical psychologist’s expert report “could have been written in a clearer manner”, the Minnesota Supreme Court noted in its reversal of a state Workers’ Compensation Court of Appeals’ decision, reinstating the compensation judge’s findings.

Feb 3 ’17 — An expert opinion filed in opposition to a summary judgment does not need to be as extensive as those offered in support, but it still must be “adequately supported” to be admissible, the California Court of Appeals has ruled.

Feb 1 ’17 — After her murder conviction was vacated, Lana Canen sued the expert witness witness who had testified that her latent fingerprint was on a medication container found at the crime scene, even though he was untrained as a latent fingerprint examiner.

Nov 30 ’16 — If a defendant’s ability to rationally assist his attorney is in reasonable doubt, a competency hearing is required, regardless of the testimony of a mental health expert witness, the California Court of Appeals has ruled.

Nov 23 ’16 — Science and the law are often in an awkward dance when expert witnesses testify, as is particularly evident in mesothelioma cases where science cannot quantify how much exposure to asbestos will cause the disease.

Nov 18 ’16 — If counsel rescinds the designation of an expert witness without disclosing the expert’s opinions or conclusions regarding the case, then there is no disclosing event that waives work product privilege, the Missouri Supreme Court ruled.

Nov 17 ’16 — In employment litigation, mental health experts are normally seen arguing what degree of emotional distress the employee suffered, or the causes of distress. Arguing that any allegations are the result of the employee’s mental illness is somewhat unique.

Oct 25 ’16 — Allowing an expert witness to give an opinion at trial that was not fully disclosed previously was a reversible error, the Mississippi Supreme Court has ruled, reversing the trial court judgment and remanding for a new trial.