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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Failing Daubert, Fla. Manslaughter Conviction Reversed
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.”
Attacking Witness’s Memory, Expert Excluded, Erroneously: U.S. 6th Cir.
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.
Hot Tea: Expert “Clearly Outside” Expertise, Fails Daubert
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.
No Medical Comparative Negligence Defense for Acts Before Treatment: D. Colo.
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.
Appraiser Need Not Be Licensed in Virginia, Sort of: Va. S.C.
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.
Expert Reports Need Not Be Sworn Before Trial: US 5th Cir.
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.
Failing to Consider Flaws in Expert Valuation a $6.9 Million Error
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.
Kissing a Witness Gets Expert Excluded
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.
Testifying in Subject Matter Outside Experience a Daubert Risk
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’.
Exclusion of Expert Opinion Based on One Faulty Test Abuse of Discretion, Minn.
Oct 18 ’19 — Using faulty test parameters to support a causation opinion is grounds for excluding it, but not grounds to exclude the entire opinion when it is based on multiple factors, the Minnesota Supreme Court has ruled.