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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Testifying Medical Experts Need Not Be Specialists in the Malady: NJ Appellate
May 22 ’18 — An medical expert witness need not be a treating specialist of the malady to explain it on the witness stand, a New Jersey appellate panel has ruled, upholding the lower court finding that the doctors were not substantially liable.
Expert Testimony Excluded as Legal Opinion
May 21 ’18 — Expert witnesses may not provide conclusions equivalent to legal opinions, a Florida federal judge has ruled in partially excluding the testimony of a Trademark expert witness.
Expert Testimony Timing Key To Prosecution of Bill Cosby
May 10 ’18 — At what stage of a trial an expert witness is placed on the stand can be key to the impact of that testimony, as the 2017 mistrial and 2018 retrial of comedian Bill Cosby well exemplify.
Professional License Restrictions Not A Bar To Expert Report, NC Sup. Ct.
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.
Late Expert Witness Report Allowed Due to Use in Previous Case
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.
"Shaky" Expert Witness Opinions May Not Tank a 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.
Conclusion Not Tethered to the Facts Gets Expert Witness Excluded
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.
Offering Legal Conclusions Gets Expert Witness Tossed
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.
Med-Mal Expert Witness Reports to be Read Collectively: Tex. Sup. Ct.
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.
Undisclosed Expert Rebuttal Testimony Exclusion Upheld by South Dakota Sup. Ct.
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.