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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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.
Courts Cannot Exclude Expert Testimony Without Reason, US Appellate Court Rules
Mar 30 ’16 — Conducting a Daubert analysis is a required gatekeeping function of the courts, a US appellate court has ruled, reversing a district court’s exclusion of an expert witness after it did so without providing any basis for its decision.
Legal Conclusions Courts' Province, Not That of the Expert Witness
Mar 28 ’16 — An expert witness cannot tell a jury what result it should reach, nor invade a court’s province by giving an opinion on the legal conclusions to be drawn from the evidence, a US district court has noted in excluding a police procedures expert witness.
Supplemental Disclosures Are Not an Extension of Expert Opinion Deadline
Mar 23 ’16 — Supplemental disclosures of an expert opinion are intended to be supplements, not to be the “lion’s share” of the expert information, a US District Court has ruled, excluding the expert witness’ opinion.
Experts' Conclusions for Juries to Weigh, Not Courts — NM Supreme Court
Mar 16 ’16 — The reliability of an expert’s methodology is within the court’s province, but not the conclusions drawn from it, the New Mexico Supreme Court has ruled, reversing the district and appellate courts’ exclusion of a toxicologist’s expert opinion.
Expert Witness Exclusion Only When Opining Well Outside Field
Mar 9 ’16 — A wide margin must exist between the specific expertise of expert witnesses and the subject matter on which they opine in order to exclude their opinions under Daubert, the US District Court for the Western District of Pennsylvania has ruled.
Exclusion of Rifle Expert Opinion Reversed by US Appellate Court
Feb 18 ’16 — A district court erred in finding an expert witness’ causation opinion unreliable, a US appellate court has ruled, in an alleged defective rifle design case where the expert opined that the gun fired and killed its owner without the trigger being pulled.