Expert Witness News, Articles, Reports and Reference Documents

Nov 12 ’20 — “Community standards” have been litigated since the obscenity trials of the 1950s, but they are rarely more confounding than in the medical malpractice cases of rural American states like Idaho where courts determine who knows what standards apply.

Oct 11 ’20 (Updated Oct 12 ’20) — Plaintiffs attorneys searching for an expert witness are running out of time, even though their are some 12,000 specialists who would qualify, according to the state district court judge in the politically charged anti-mask case.

Oct 1 ’20 — Going to trial knowing that their case was based on an expert witness opinion that was “deeply flawed, ” the plaintiffs’ attorneys were “objectively reckless, ” , a federal judge has ruled, sanctioning them personally up to $1.5 million.

Sep 18 ’20 — “Fatal shortcomings” in a report prepared by an economics expert witness, the plaintiff’s only expert witness, led to the report being excluded and summary judgment being granted to the defendants.

Sep 9 ’20 — A second expert witness report submitted by defendants was not, a timely, supplemental report as the they claimed, but a new report, as the plaintiff argued, because the second report contained new opinions that contradicted the original opinions.

Sep 2 ’20 — The Maryland Court of Appeals officially adopted Daubert in its August 28th landmark Rochkind v. Stevenson opinion, providing more clarity than substantive change as Maryland courts were already supposed to consider Daubert.

Jul 31 ’20 — Being suspect of handshake agreements is a perspective reinforced by the recent case of a hurricane damages expert who sued the attorney that retained him for $44,000 in unpaid fees from a verbal agreement, and the case continues some five years later.

Jul 15 ’20 — Expert witnesses in trucking accident cases, especially those for the defense, substantially affect the size of verdict awards, a recent study by a US trucking industry association has found.

Jun 22 ’20 — Failure to supplement an expert witness report after depositions in which experts unveil new opinions or substantially expand on the opinions in their reports can result in substantial sanctions, including exclusion of the expert and case dismissal.

Jun 11 ’20 — A Delaware federal judge has dismissed a claim of professional negligence against an expert witness in a $30 million suit, finding that it would be a precedent-setting new cause of action. The expert witness is not, however, immune from claims of fraud.