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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Changing Expert Testimony Earns “Exceptional” +400K Award
Dec 26 ’19 — Changing expert opinion on cross-examination in a patent dispute was so exceptional that it warranted not only dismissal of the case, but also the award of more than $400,000 in attorneys’ fees, a US Federal District Court ruled.
Basis of Expert Opinion Fair Game on Cross: Ill. App. Court
Dec 12 ’19 — Excluding mention of evidence expert witnesses base their opinions on denies opposing counsel their right to cross-examine experts about that evidence and its validity, an Illinois appellate court has ruled, reversing the trial court.
Telematics Expert Witness Saves Dog Owner From Jail
Dec 3 ’19 — Observers assumed that a dog was suffering from the heat after spending an hour locked in a car without water on a hot day. Proving the dog owner’s innocence required an expert witness who could explain modern car technology.
Failing Daubert, Fla. Manslaughter Conviction Reversed
Aug 7 ’19 (Updated Dec 3 ’19) — Failing Florida’s new Daubert standard, a trial court’s 30-year conviction for vehicular manslaughter has been reversed after an appellate court found that the expert witness provided “little more than a subjective and unverifiable opinion.”
Attacking Witness’s Memory, Expert Excluded, Erroneously: U.S. 6th Cir.
Nov 21 ’19 — Questioning the credibility of witnesses in federal court is not allowed by experts; that’s the province of judges and juries. However, excluding the entirety of an expert’s testimony may be erroneous, the U.S. 6th Circuit Court of Appeals has ruled.
Hot Tea: Expert “Clearly Outside” Expertise, Fails Daubert
Nov 9 ’19 — When experts fail a Daubert challenge, the failure may tarnish the expert, but much of the fault, more often than not, lies on the shoulders of attorneys who fail to fully vet their experts.
No Medical Comparative Negligence Defense for Acts Before Treatment: D. Colo.
Nov 5 ’19 — Acts of patients after they seek treatment may be used by physicans a comparative negligence defense in malpractice claims, but not for those patients’ acts before they sought treatment, a US Federal District Court has ruled.
Appraiser Need Not Be Licensed in Virginia, Sort of: Va. S.C.
Nov 1 ’19 — Testifying as a real estate appraiser in Virginia does not require being licensed as an appraiser in the state, the Virginia Supreme Court has ruled, reversing the trial court.
Expert Reports Need Not Be Sworn Before Trial: US 5th Cir.
Oct 29 ’19 — Expert witness reports need not be sworn before trial if they could be admissable at trial, the US 5th Circuit Court of Appeals has ruled, finding that the District Court (N.D. Tex.) abused its discretion in rejecting the reports at summary judgment.
Failing to Consider Flaws in Expert Valuation a $6.9 Million Error
Oct 28 ’19 — The U.S. Tax Court erred in finding that defendants have the burden of proof to show the proper amount of their tax liability, the U.S. Court of Appeals ruled, after which the Tax Court found a $6.9 million error in the IRS expert witness’ valuation.