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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Expert Opinion Based Solely on Beliefs Excluded
Feb 10 ’16 — A circuit court did not err in excluding a medical expert witness’ opinion proffered without supporting literature where contradictory, peer-reviewed medical literature existed, the Michigan Supreme Court has ruled, reversing the state Court of Appeals.
Neurosurgeon Loses Appeal of Censure for Expert Witness Testimony
Feb 2 ’16 — Expert witnesses may have general immunity from the courts for flawed testimony, but not from their professional associations. An association that censured one of its members for his testimony has had its censure upheld the a U.S. appellate court.
Multiple Daubert Challenges in Piper Plane Crash
Jan 26 ’16 — A single-engine plane crash that left the occupants permanently confined to wheelchairs has generated nine motions to exclude expert witness testimony, highlighting the judge’s complicated gatekeeping function under Daubert.
Exclusion of Medical Expert for Alleged “Negligence Per Se” Standard Reversed
Jan 15 ’16 — A general surgery expert witness who testified that an injury to the common bile duct is “always due to negligence” was not making a claim tantamount to a “negligence per se” standard, the Michigan Court of Appeals has ruled.
Rejection of Expert Witness Testimony Gets Conviction Overturned
Jan 7 ’16 — An expert’s testimony on the reliability of a confession was admissible, a U.S. appeals court has ruled, reversing the defendant’s conviction as a felon in possession of a firearm, a conviction with a minimum 15 year sentence.
Expert Witness Fee Award “Premature”
Jan 6 ’16 — A $90K CCP §998 expert witness fee award was premature, the California Court of Appeals has found, reversing the award and remanding the construction contract dispute to the trial court.
Fitting Room Internet Voyeurism Expert Inadmissible
Dec 29 ’15 — An expert witness in one area is not ipso facto an expert in another, a U.S. District Court noted in its rejection of a technology expert whose proffered testimony bore “little relationship” to his expertise.
Expert Opinion Tossed in Motorcycle Liability Suit for 20-Month Erection
Dec 17 ’15 — An expert opinion of only general causation violates the California Evidence Code, a state appeals court has ruled, upholding the exclusion of the expert witness’ testimony by the trial court.
Expert Witness Exclusion Gets Bond Trader New Trial
Dec 9 ’15 — A bond trader will receive a new trial after a federal appeals court threw out his securities fraud conviction because one of his expert witnesses was excluded.
Ethics Violations Can be Relevant to Standard of Care
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.