Expert Witnesses News & Reports
Expert Witness News, Articles, Reports and Reference Documents
News, articles and legal resources for expert witnessess, forensic specialists and related professionals.Better Jury Confusion than Expert Testimony Exclusion: R.I. Supreme Court
May 23 ’16 — The potential to confuse a jury does not outweigh the probative value of expert witness testimony, unless that testimony is of marginal relevance and extremely prejudicial, the Rhode Island Supreme Court has ruled.
Courts Must Justify Admission of Expert Testimony, US Appellate Court
May 18 ’16 — A district court must record its Daubert inquiry and explain its basis for admitting expert testimony, the US Court of Appeals Fifth Cicuit has ruled, as have three other circuit courts in similar cases.
No Protection for De-designated Expert Witness After Report Filed, NV Supreme Court
May 8 ’16 (Updated May 9 ’16) — A de-designated expert witness cannot regain confidentiality protections after the expert’s report has been disclosed, the Nevada Supreme Court has ruled. The lost of protections occurs when the expert report is filed, not after the deposition.
Not “Knowing” Local Standard of Care, Expert Witness Excluded
May 2 ’16 — Out-of-area expert witnesses must have “actual knowledge” of the local standard of care in medial malpractice cases, the Idaho Supreme Court has ruled, upholding the exclusion of testimony from an out-of-state physician.
Expert Witness Excluded for Insufficient Experience
Apr 20 ’16 — An industrial design consultant, with 40 years of design experience, and 15 years as an expert witness in intellectual property, was excluded from testifying for insufficient experience by a US District Court, a decision upheld by the Federal Circuit.
Partial Failure of Daubert Not Cause To Exclude Expert Witness
Apr 15 ’16 — Under Daubert, an unreliable methodology used in one aspect of an expert witness’ testimony does not justify, on its own, the exclusion of the entirety of the witness’ testimony, a US appeals court has ruled.
Sentence Vacated After Court's Refusal to Appoint Expert Witness
Apr 12 ’16 — Refusing to appoint a neuropsychological expert witness, a trial court has had its 59-year sentence of a 16 year old vacated by a US appellate court which found that the lower court had abused its discretion under 18 USC 3006A(e) on resentencing.
US Appellate Court Orders New Trial After Expert Witness Testifies Falsely
Apr 8 ’16 — Even though an expert witness is found to have testified falsely, a new trial is not automatic, nor is prosecution for perjury automatic, although there are consequences, as this US Court of Appeals Federal Circuit case demonstrates.
US Appeals Court Rejects Expert Witness Challenges for Cherry‑Picking Data
Apr 7 ’16 — Failing to account for the source of some patients’ illnesses in an E. coli O157:H7 outbreak does not mean the expert witnesses cherry-picked their data, a US appellate court has ruled, affirming the district court’s decision.
Battle of the Experts Precludes Summary Judgment: Miss. Supreme Court
Apr 6 ’16 — When plaintiffs’ and defendants’ expert witnesses come to separate conclusions, a battle of experts exists, and a circuit court may not grant summary judgment, the Mississippi Supreme Court has ruled, reversing the circuit court and remanding the case.