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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Causation Experts Need to … Establish Cause
Feb 26 ’19 — Causation expert witnesses need to … establish cause. Failing to do so, and as well failing to consider other causes and ruling them out, and then trying to amend the record, contradicting one’s own testimony, is a Daubert failure.
Without Probable Cause, Expert Design Defect Opinion Excluded
Jan 22 ’19 — Design defect claims need an expert to identify at least a probable cause, not a list of possible causes that include defects unrelated to design. To do otherwise is mere speculation, the Nebraska Supreme Court has ruled.
Retrial Begins After Case Remanded for Concealing Expert Witness Fees
Jan 18 ’19 — Claiming his expert witnesses worked pro bono, when they actually would receive $75,000 in compensation, an attorney was “deceptive”, which was cause for a new trial, the 5th Circuit Court of Appeals ruled in April 2018. Now, the new trial has begun
Expert Opinion Excluded as "Mere Wishful Thinking"
Jan 12 ’19 — An intellectual property expert who has argued for using more “creative methods” in valuations has had his own expert opinion excluded as “mere wishful thinking” by a California trial court. The state appellate court called it “hypothetical conjecture.”
Few Exceptions to Requiring Med-Mal Expert Witness: Ala. Sup. Ct.
Nov 27 ’18 — If medical malpractice is so apparent laypersons could clearly understand on their own, an expert witness is not required under Alabama law, but the court sets a high bar for the exception.
Relying on Non-Standard Evidence Gets Expert Excluded Under Daubert
Nov 20 ’18 — Assuming a victim did not draw his bow and then stick his head in it was not the type of evidence that biomechanics expert witnesses normally rely upon, justifying the expert witness’ exclusion under Daubert.
Immunity Holds for Discredited Expert Witness
Nov 15 ’18 — Violating applicable standards, providing misleading testimony and exhibiting clear bias are insufficient grounds to erode the absolute immunity of expert witnesses from RICO and state law claims, the 4th U.S. Circuit Court of Appeals has affirmed.
Explaining Legal Factors, Expert Witnesses Risk Overstepping
Sep 17 ’18 — Explaining the legal factors relied on in forming an expert opinion is allowable by expert witnesses, but mentioning the source of those factors is not, the Arizona Supreme Court has ruled. That leaves expert witnesses a thin needle to thread.
Not Sharing Exact Specialty Not Grounds for Expert Exclusion: North Carolina Ct.
Sep 12 ’18 — A medical malpractice expert witness need not be in the exact same specialty and exact same practice setting as the defendant physician to be qualified to testify, the North Carolina Court of Appeals has ruled.
Not Treating Same Condition in 5 Years Before Trial, Med-Expert Disqualified
Sep 11 ’18 — Not treating the same condition within five years of a malpractice claim disqualifies medical expert witnesses, the Supreme Court of Montana has ruled, excluding the 30-year board-certified orthopedic surgeon still in active practice.