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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Award of Expert Witness Fees Abusive: Nevada Supreme Court
Aug 12 ’16 — Courts abuse their discretion if they award more than “reasonable” expert witness fees without explanation, the Nevada Supreme Court has ruled, with “reasonable” fees in Nevada being set at up to $1,500.
Expert Witness Supplement Fails Esposito Test: US Appeals Court
Aug 3 ’16 — Expert witness reports are automatically excluded under FRCP when they are not disclosed “in a timely manner”, although there are exceptions under Esposito.
Expert Testimony Excluded Over Causation, Reversed by Okla Supreme Court
Jul 1 ’16 — In negligence matters, it is not that alternative causes must be ruled out before causation is attributed, but that other causes must be adequately considered, the Oklahoma Supreme Court has ruled, overturning a trial court’s Daubert ruling.
Contingency Fee Testimony Allowed, Colorado Supreme Court Rules
Jun 28 ’16 — Experts paid on a contingency fee basis may testify in court as non-expert summary witnesses, the Colorado Supreme Court has ruled in a case that pits the rules of evidence against the rules of professional conduct
Better Jury Confusion than Expert Testimony Exclusion: R.I. Supreme Court
May 23 ’16 — The potential to confuse a jury does not outweigh the probative value of expert witness testimony, unless that testimony is of marginal relevance and extremely prejudicial, the Rhode Island Supreme Court has ruled.
Courts Must Justify Admission of Expert Testimony, US Appellate Court
May 18 ’16 — A district court must record its Daubert inquiry and explain its basis for admitting expert testimony, the US Court of Appeals Fifth Cicuit has ruled, as have three other circuit courts in similar cases.
No Protection for De-designated Expert Witness After Report Filed, NV Supreme Court
May 8 ’16 (Updated May 9 ’16) — A de-designated expert witness cannot regain confidentiality protections after the expert’s report has been disclosed, the Nevada Supreme Court has ruled. The lost of protections occurs when the expert report is filed, not after the deposition.
Not “Knowing” Local Standard of Care, Expert Witness Excluded
May 2 ’16 — Out-of-area expert witnesses must have “actual knowledge” of the local standard of care in medial malpractice cases, the Idaho Supreme Court has ruled, upholding the exclusion of testimony from an out-of-state physician.
Expert Witness Excluded for Insufficient Experience
Apr 20 ’16 — An industrial design consultant, with 40 years of design experience, and 15 years as an expert witness in intellectual property, was excluded from testifying for insufficient experience by a US District Court, a decision upheld by the Federal Circuit.
Partial Failure of Daubert Not Cause To Exclude Expert Witness
Apr 15 ’16 — Under Daubert, an unreliable methodology used in one aspect of an expert witness’ testimony does not justify, on its own, the exclusion of the entirety of the witness’ testimony, a US appeals court has ruled.