Expert Witness News, Articles, Reports and Reference Documents

Oct 16 ’15 — The Florida Supreme Court has not adopted Daubert yet, even though the state legislature adopted it in 2013. The Court is awaiting an opinion by the Florida Bar, which currently has a split opinion.

Oct 1 ’15 — Mistaken opinions can return to bite expert witnesses, as two dentists recently learned when their claims of absolute and qualified immunity were denied. The experts allegedly fabricated opinions critical in convicting an innocent man of murder.

Aug 26 ’15 — Expert witness preparation is often perfunctory, due to limited time, high expert witness fees, or an expert’s own belief in their limited need for trial preparation. That can lead to regrets.

Aug 7 ’15 — $10,000 in reimbursements for expert witness fees were recently denied by a U.S. Court of Appeals, an example of how expert witness fees may not often not be reimbursed unlike attorney’s fees.

Jun 28 ’15 — Expert witnesses are not absolutely immune to being sued for their actions, and there immunity has decreased under recent U.S. federal and state court rulings.

Jun 28 ’15 — Testifying forensic experts have to have a touch of cognitive hubris. It’s a job requirement. Too much of it though can lead to overstated findings, and when topped with esteemed expert credentials, to “Spilsburyisms.”

Jun 26 ’15 — Privilege for non-testifying experts’ work product, in criminal or civil matters, is hardly uniform across jurisdictions. The Georgia Supreme Court’s reversal of a trial court decision highlights the care needed to preserve attorney-client privilege.