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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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.
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.