Expert Witnesses News & Reports
Expert Witness News, Articles, Reports and Reference Documents
Reports on, about and for expert witnessess, in and out of the courts.
This directory features reports on court decisions and statutory changes related to expert witneses and forensic consultants, including challenges to expert testimony, Daubert hearings and related matters
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Ninth Circuit Says No To Excluding Expert Opinion to Fast Track Trial
Aug 21 ’17 — Courts must reasonably allow expert witness supplements proferring new scientific evidence, unavailable when the original expert opinion was submitted, if that evidence directly impacts key criticisms of the original opinion, the Ninth Circuit has held.
Illinois IMEs: No Legal Duty of Care
Aug 14 ’17 — Failing to correctly diagnosis a brain injury in a medical exam and causing harm do not expose an expert witness to civil liability, an Illinois appellate court has ruled. The ethical questions, and its professional implications, are another matter.
Testifying in Their Own Backyard Perilous for Florida Medical Malpractice Experts
Aug 1 ’17 — Florida has some of the more stringent requirements for serving as a medical malpractice expert witness, and running afoul of them can lead to a bad outcome — for the expert. Just ask Dr. Dellerson, an emergency physician who nearly lost his license.
Stating Expert Witness Testimony is Scientific Doesn’t Make It So
Jul 26 ’17 — Referring to scientific principles and scientific methods in expert witness testimony may provide gravitas, but under Daubert, it risks having such testimony designated as scientific, and then having it fall under more stringent standards.
Bill Restricting Medical Expert Witnesses Awaiting US Senate Approval
Jul 25 ’17 — Expert witnesses in medical malpractice cases may have some extra hoops to jump through if provisions in legislation passed by the U.S. House become law. While all eyes today are on the repeal of Obamacare, this bill may have better odds of passage.
Expert Witness Banned for Bias
Jul 17 ’17 — Two Nevada judges have banned a neurosurgery expert witness from testifying, finding that his expert opinions were too speculative and too biased to be admitted — and this in a state that does not fully embrace the Daubert standard.
Medical Expert Reports Must Show Causation: Texas Supreme Court
Jun 20 ’17 — Medical expert witness reports must address proxmiate cause, making a good-faith effort to factually explain how and why a breach of the standard of care caused injury, the Texas Supreme Court has ruled, reversing the state court of appeals.
Testing Actual Product Not Necessary of Expert Witness: US Appellate Court
Jun 7 ’17 — Expert witnesses’ tests or experiments on the actual accused products are not always necessary to prove patent infringement, the Federal Circuit Court of Appeals has ruled, reversing the award of $6.6 million by the U.S. District Court, E.D. Pa.
Iowa Tightens Qualifications for Medical Expert Witnesses
Jun 2 ’17 — Under new tort reforms in Iowa, health care expert witnesses in malpractice cases must, among other new hurdles, be licensed in the same or substantially similar specialty as the defendant and be in active practice or academia in the previous five years
No “Bright-Line” Rule Against Nurses Being Expert Witnesses: Indiana Court of Appeals
Jun 1 ’17 — No legal precedent supports a bright-line rule against nurses acting as expert witnesses and testifying at trial regarding causation, the Indiana Court of Appeals has ruled, overturning a trial court.