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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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.
Expert Witness Testimony Helps Trigger Mistrial
Aug 1 ’18 — Opining as to the cause of death of a pickup truck driver, an expert witness — in direct violation of the court’s instructions — assisted in causing a mistrial that the plaintiff’s attorney claims was deliberately done by Ford Motor Company’s attorney.
Vocational Expert’s Job Estimates Without Explanation Unreliable: 7th Circuit
Jul 31 ’18 — With job number estimates possibly “conjured out of whole cloth, ” the 7th Circuit Court of Appeals has rejected a vocational experts’ opinion on the availability of work for a woman severely disabled by a brain tumor.
Wrong Assumptions Get Expert Tossed With Med-Mal Case
Jul 27 ’18 — Assuming a testosterone gel was used as prescribed, an expert opined the medication caused his plaintiff’s deep vein thrombosis, only to have the plaintiff admit in deposition that he used half-doses of the medication sporadically, and applied it wrongly
Failing to Rule Out Unknown Causes, Expert's Toxic Testimony Tossed
Jun 18 ’18 (Updated Jun 22 ’18) — Failing to address unknown causes for a plaintiff’s leukemia, a causation expert witness was reasonably excluded by the trial court, the U.S. Court of Appeals for the 10th Circuit recently ruled, dismissing the plaintiff’s appeal.
Trademark Expert Fails Daubert on Squirt Survey
Jun 22 ’18 — Diverging from standard methodologies may provide the desired results for a report, but it may not pass a Daubert challenge, as this trademark infringement case aptly demonstrates.
Expert Witness Convicted of Obstruction of Justice
Jun 19 ’18 — Embellishing qualifications can backfire on expert witnesses; lying can get one jail time. Just ask “Doctor” Byrd.
Lack of Foundation Gets Expert Witness Excluded: Minn. Ct. App.
May 30 ’18 — What an expert witness sees as sufficient foundation for a professional opinion may not be the same as a court, as evidenced by the exclusion of expert testimony in a manufacturer liability case involving the crash of a single-engine airplane.