Expert Witness News, Articles, Reports and Reference Documents

Dec 3 ’19 — Observers assumed that a dog was suffering from the heat after spending an hour locked in a car without water on a hot day. Proving the dog owner’s innocence required an expert witness who could explain modern car technology.

Aug 7 ’19 (Updated Dec 3 ’19) — Failing Florida’s new Daubert standard, a trial court’s 30-year conviction for vehicular manslaughter has been reversed after an appellate court found that the expert witness provided “little more than a subjective and unverifiable opinion.”

Nov 21 ’19 — Questioning the credibility of witnesses in federal court is not allowed by experts; that’s the province of judges and juries. However, excluding the entirety of an expert’s testimony may be erroneous, the U.S. 6th Circuit Court of Appeals has ruled.

Nov 9 ’19 — When experts fail a Daubert challenge, the failure may tarnish the expert, but much of the fault, more often than not, lies on the shoulders of attorneys who fail to fully vet their experts.

Nov 5 ’19 — Acts of patients after they seek treatment may be used by physicans a comparative negligence defense in malpractice claims, but not for those patients’ acts before they sought treatment, a US Federal District Court has ruled.

Nov 1 ’19 — Testifying as a real estate appraiser in Virginia does not require being licensed as an appraiser in the state, the Virginia Supreme Court has ruled, reversing the trial court.

Oct 29 ’19 — Expert witness reports need not be sworn before trial if they could be admissable at trial, the US 5th Circuit Court of Appeals has ruled, finding that the District Court (N.D. Tex.) abused its discretion in rejecting the reports at summary judgment.

Oct 28 ’19 — The U.S. Tax Court erred in finding that defendants have the burden of proof to show the proper amount of their tax liability, the U.S. Court of Appeals ruled, after which the Tax Court found a $6.9 million error in the IRS expert witness’ valuation.

Oct 18 ’19 — After a proposed prosecution expert witness was seen kissing a witness for the prosecution as they arrived at the court, the defense counsel claimed the expert could not be regarded as an independent witness. The district judge agreed.

Oct 18 ’19 — Failing to fully vet an expert witness’ self-proclaimed subject matter expertise runs the risk of successful Daubert challenges and excluded expert opinions, damaging expert witnesses’ reputations as well as attorneys’.