Expert Witness News, Articles, Reports and Reference Documents

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.

Aug 26 ’15 — Expert witness preparation is often perfunctory, due to limited time, high expert witness fees, or an expert’s own belief in their limited need for trial preparation. That can lead to regrets.

Aug 12 ’15 — These rules govern the introduction of evidence in proceedings, both civil and criminal, in Federal courts. While they do not apply to suits in state courts, the rules of many states have been closely modeled on these provisions.