Expert Witness News, Articles, Reports and Reference Documents

Dec 9 ’15 — Ethics violations can be relevant to the standard of care in malpractice cases, a federal court has affirmed in the legal malpractice case of Desimini v. Durkin et al.

Dec 8 ’15 — Florida courts are unlikely to choose to fully adopt the Daubert standard after the state Bar’s Board of Governors voted against recommending the state courts adopt the standard that the Florida Legislature passed into law two years ago.

Nov 30 ’15 — Defendants have appealed the lack of the Daubert standard to the District of Columbia Court of Appeals in Motorola, Inc. v. Murray, in a potentially precedent setting 15-years’ long case where plaintiffs’ are seeking ~$1.9 billion in damages.

Nov 25 ’15 — Oracle Corp.’s motion to disqualify for bias a Rule 706 court-appointed expert witnesses has been denied in the Oracle v. Google copyright and patent infringement case. Such challenges are uncommon, as are Rule 706 appointments.

Nov 24 ’15 — Expert witness opinions should not exceed the role of the expert. Legal conclusions and jury instructions are not in their purview, as a U.S. District Court Justice explains in his decision in Stewart Title Guaranty Company v. Credit Suisse.

Oct 14 ’15 (Updated Nov 17 ’15) — Using peer reviewed publications to support expert witness opinions is common practice in medical cases under the Daubert standard, but not required, a Wisconsin Appeals Court has ruled.

Nov 4 ’15 — Is expert witness work a way to hone your skills for political office? Given the state of adversarial politics in America, perhaps. At least for candidate Benjamin S. Carson.

Oct 16 ’15 — The Florida Supreme Court has not adopted Daubert yet, even though the state legislature adopted it in 2013. The Court is awaiting an opinion by the Florida Bar, which currently has a split opinion.

Oct 1 ’15 — Mistaken opinions can return to bite expert witnesses, as two dentists recently learned when their claims of absolute and qualified immunity were denied. The experts allegedly fabricated opinions critical in convicting an innocent man of murder.

Oct 21 ’11 (Updated Aug 28 ’15) — Full-text of the Missouri Rule of Evidence — Chapter 490 Evidence, Missouri Revised Statutes, August 28, 2015.