Expert Witnesses News & Reports
Expert Witness News, Articles, Reports and Reference Documents
New reports about litigation matters, primarily those involving expert witnessess and forensic consultants.
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Court Rejects Expert's Conclusion of Defendant's Competence
Nov 30 ’16 — If a defendant’s ability to rationally assist his attorney is in reasonable doubt, a competency hearing is required, regardless of the testimony of a mental health expert witness, the California Court of Appeals has ruled.
Asbestos: “Each and Every Breath” Expert Testimony Prohibited
Nov 23 ’16 — Science and the law are often in an awkward dance when expert witnesses testify, as is particularly evident in mesothelioma cases where science cannot quantify how much exposure to asbestos will cause the disease.
Designating Expert Does Not Waive Work Product Privilege: Miss. Sup. Ct.
Nov 18 ’16 — If counsel rescinds the designation of an expert witness without disclosing the expert’s opinions or conclusions regarding the case, then there is no disclosing event that waives work product privilege, the Missouri Supreme Court ruled.
Broadening Use of Mental Health Experts in Employment Litigation
Nov 17 ’16 — In employment litigation, mental health experts are normally seen arguing what degree of emotional distress the employee suffered, or the causes of distress. Arguing that any allegations are the result of the employee’s mental illness is somewhat unique.
Full Disclosure of Expert Testimony Required: Miss. Supreme Court
Oct 25 ’16 — Allowing an expert witness to give an opinion at trial that was not fully disclosed previously was a reversible error, the Mississippi Supreme Court has ruled, reversing the trial court judgment and remanding for a new trial.
Expert Testimony Rebuts Presumption of Regulatory Compliance
Sep 28 ’16 — Expert testimony attacking the scientific validity of evidence can rebut the presumption of regulatory compliance enjoyed by governmental bodies with statutory protections, the California Court of Appeals has ruled, reversing the trial court.
US 3rd Circuit Reverses Judgment Ignoring Expert Asbestos Opinion
Sep 16 ’16 — Evidence provided by an expert opinion cannot be ignored, the US 3rd Circuit Court of Appeals has affirmed in a partial reversal of a US District Court decision, finding the factual dispute best left for the jury to decide.
Admitting Expert Opinion Without Foundation Abusive: Virginia S.C.
Sep 14 ’16 — Expert witness opinions must have an adequate foundation to support their conclusions if they are to be admissible, the Virginia Supreme Court has ruled, reversing a circuit court judgment.
Consent Orders Inadmissible in Malpractice Cases: Md. Ct. App.
Aug 26 ’16 — Maryland law forbids the admission of consent orders and disciplinary actions of medical boards as evidence at trial, unless all parties involved expressly agree, or in litigation brought by one of the parties, the Maryland Court of Appeals has ruled.
Foreign Medical Expert Wrongly Excluded: Calif. Appeals Ct.
Aug 23 ’16 — An expert witness is not required to have practiced in a particular locality in order to render an opinion in an ordinary medical malpractice case, the California Court of Appeal has ruled.