Expert Witness News, Articles, Reports and Reference Documents

Mar 21 ’18 — Statutory restrictions on professional licenses do not necessarily apply to expert witness reports, the North Carolina Supreme Court has ruled in a decision reversing both the state Court of Appeals and the trial court.

Mar 20 ’18 — Failing to file an expert witness report — even more than a month after the deadline — does not necessarily mean it will be excluded. A U.S. district court, using its full latitude, allowed the report because it was used in a previous court case.

Mar 21 ’18 (Updated Mar 20 ’18) — At the end of the Daubert hearings in a lawsuit claiming Monsanto’s weed killer Roundup causes cancer, a U.S. District Court judge has found that the expert witnesses opinions against the company are “shaky”, leaving the case on shaky grounds as well.

Jan 24 ’18 — Analyzing damages requires expert witnesses not only to look at the applicable factors but also to tie those to the conclusions they draw — not “plucking” conclusions from nowhere — the Federal Circuit Court wrote, vacating a $48 million award.

Jan 10 ’18 — With few exceptions, expert witnesses may not draw legal conclusions in federal courts, but where to draw the line may not always be crystal clear, or attorneys just push the boundaries.

Jan 9 ’18 — Reading one expert witness report in isolation from others, a Texas court of appeals erred in its interpretation of the Texas Medical Liability Act, the state Supreme Court has found.

Jan 2 ’18 — While South Dakota, like many states, does not require disclosure of rebuttal testimony, trial courts can require adequate proof as to what rebuttal testimony an expert witness would give, the South Dakota Supreme Court has ruled.

Oct 23 ’17 — Arizona med-mal defendants may argue that an expert witness is unqualified and move directly for summary judgment without first challenging an expert’s preliminary report, the Arizona Supreme Court has ruled, removing a step in tossing a case.

Oct 19 ’17 — Getting paid can be as challenging for an expert witness as the forensic work, collection efforts can be costly, and retainer agreements often not as ironclad as assumed, as two recent cases exemplify all too well.

Oct 13 ’17 — Qualifying an expert witness is a routine court procedure, except when the attorney appears clueless and the expert an unqualified bollix. To be generous, perhaps the attorney and expert in this case were unprepared due to a last-minute designation.