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 Witness Sued for Refusing to Testify
Dec 13 ’21 — An expert witness has successfully defended himself for refusing to testify in the case he was retained for, although perhaps a dubious success, given the costs of defending himself in district court, and then on appeal.
Daubert Doesn’t Require Physical Inspections: SD Fla.
Dec 7 ’21 — Expert witnesses in personal injury claims are not necessarily required to inspect allegedly defective equipment, the SD Flordia has ruled.
Physican Expert Opinion Not Required in Medication Injury: S.D. Ohio
Dec 2 ’21 — A claim against a pharmacist in dispensing the wrong medication is not necessarily a medical claim under Ohio’s Malpractice Statute, a U.S. district court has ruled, allowing a non-physician to testify as to the plaintiff’s injuries.
Expert Opinion Based on Inadmissible Evidence Ok: Cal.App.
Sep 16 ’21 — Expert opinions cannot be excluded simply because they are based on inadmissible evidence, if the evidence could be reasonably relied upon by the expert, the California Court of Appeals has ruled.
Judge Questioning Expert Witness Judicial Misconduct: Cal. Appellate
Feb 26 ’21 — A trial judge who bolstered the prosecution’s expert witness through direct questioning committed prejudicial misconduct, a California Court of Appeal has ruled, finding clear bias in the judge's criticism of the defense for failing to hire an expert.
2021/02/25/Questioning Expert Witness, Judicial Misconduct: Cal. Appellate
Feb 25 ’21 — A judge who bolstered an expert's testimony through direct questioning committed prejudicial judicail misconduct, a California Court of Appeal has ruled, reversing the conviction.
Appellate Court’s Exclusion of Shaken Baby Opinion an Error: Mississippi
Feb 11 ’21 — Diagnoses of Shaken Baby Syndrome have been found “insufficient” and unreliable in a growing body of scientific research, leaving courts in a not uncommon conundrum where once accepted forensic science gradually becomes debunked.
Surgery Expert Witness Excluded for Not Being “Active”
Jan 21 ’21 — A “world-renowned TMJ surgeon, scholar, and surgical instructor”, who was active in research in his field and teaching surgical techniques was excluded as an expert witness as he was found not to be in “active practice.”
US Immigration “Ill-Advised” To Discount Gang Expert’s Opinion: US Ninth Circuit
Dec 8 ’20 (Updated Jan 2 ’21) — The US Ninth Circuit Court of Appeals has rebuked the Immigration Appeals Board for repeating its ruling that discounted a gang expert witness’ testimony. The Ninth Circuit explained that its decision “… was not subject to disapproval or revision.”
Dueling Hog Poo Odor Expert Witnesses: One In, One Out
Nov 24 ’20 — What constitutes an “offensive odor” is a subjective opinion reasonably excluded, the US Fifth circuit has held, but expert opinions using a “proxy” for those odors, such as the presence of hog feces, are admissible.