Expert Witness News, Articles, Reports and Reference Documents

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.

Sep 28 ’16 — Expert testimony attacking the scientific validity of evidence can rebut the presumption of regulatory compliance enjoyed by governmental bodies with statutory protections, the California Court of Appeals has ruled, reversing the trial court.

Sep 16 ’16 — Evidence provided by an expert opinion cannot be ignored, the US 3rd Circuit Court of Appeals has affirmed in a partial reversal of a US District Court decision, finding the factual dispute best left for the jury to decide.

Sep 14 ’16 — Expert witness opinions must have an adequate foundation to support their conclusions if they are to be admissible, the Virginia Supreme Court has ruled, reversing a circuit court judgment.

Aug 26 ’16 — Maryland law forbids the admission of consent orders and disciplinary actions of medical boards as evidence at trial, unless all parties involved expressly agree, or in litigation brought by one of the parties, the Maryland Court of Appeals has ruled.

Aug 23 ’16 — An expert witness is not required to have practiced in a particular locality in order to render an opinion in an ordinary medical malpractice case, the California Court of Appeal has ruled.

Aug 12 ’16 — Courts abuse their discretion if they award more than “reasonable” expert witness fees without explanation, the Nevada Supreme Court has ruled, with “reasonable” fees in Nevada being set at up to $1,500.

Aug 3 ’16 — Expert witness reports are automatically excluded under FRCP when they are not disclosed “in a timely manner”, although there are exceptions under Esposito.