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Redefining expert witness credibility for juries

By: Richard Gabriel
Published: April 9, 2012

Tags: expert witness, expert witnesses, jury

Juries routinely dismiss expert testimony due to credibility problems, incomprehensibility, or simply because it is cancelled out by another expert’s testimony.

This leads to a number of important questions for the attorney and the expert in presenting testimony at trial. What exactly is credibility? Is an expert an advocate? How objective is an expert supposed to be?

Md. bill would limit number of experts at med-mal trials 

By: Steve Lash
Published: March 6, 2012

Tags: expert witnesses, Maryland, medical expert, medical malpractice

Advocates for patients and doctors in Maryland battled last week over legislation that would limit to two the number of medical experts each side would be permitted to have testify at medical malpractice trials.

Successful use of expert witnesses 

Published: November 14, 2011

Tags: 20 Things Lawyers Need to Know in 2012, expert witnesses

At best, expert testimony can be the viewfinder that brings blurry evidence into focus for the jury. At worst, an expert can confuse, bore or offend jurors. Here are some tips for making the most of expert witnesses.

Ford rollover plaintiffs need expert testimony to proceed 

Published: September 21, 2011

Tags: consumer expectation, design defect, expert witnesses, Ford Explorer, product liability, rollover

Plaintiffs who sustained injuries in the rollover of a Ford Explorer could not proceed without expert witnesses, even though they sued under a consumer expectation theory of product liability, the 7th Circuit has ruled in affirming a summary judgment.

TASA report reveals challenges to expert testimony 

Published: June 22, 2011

Tags: Daubert, expert witnesses, TASA Group

The TASA Group has released the second iteration of The Challenge History Report™.

Expert report may be required for treating physicians 

Published: May 6, 2011

Tags: expert witnesses, Federal Rules of Civil Procedure, negligence

A plaintiff in a personal injury case may be required to file witness reports for treating physicians who are prepared to render expert opinions, the 9th Circuit has ruled.

Expert witness preparation after the 2010 amendments 

By: W. William Hodes
Published: April 29, 2011

Tags: Discovery, ethics, expert witness preparation, expert witnesses, Federal Rules of Civil Procedure, Rule 26

Rule 26 of the Federal Rules of Civil Procedure, which broadly addresses the scope of permissible discovery and the basic rules of the road, has been thoroughly overhauled several times and tweaked almost continuously since its original inclusion in the Rules in 1938.

New York considers med-mal caps 

By: Sylvia Hsieh
Published: March 16, 2011

Tags: damages caps, expert witnesses, Medicaid, medical malpractice, tort reform

New York is weighing tort reform measures that include capping non-economic damages in medical malpractice cases at $250,000.

Mistakes lawyers make with their experts 

By: Sylvia Hsieh
Published: March 14, 2011

Tags: expert preparation, expert witnesses, juries, jurors

At best, expert testimony can be the viewfinder that brings blurry evidence into focus for the jury. At worst, an expert witness can confuse, bore or offend a jury.

Expert’s report not required in bedbug case 

By: Pat Murphy
Published: January 21, 2011

Tags: bed bugs, expert witnesses, negligence

A negligence plaintiff was not required to submit an expert’s report in order to introduce the testimony of her exterminator as to the cause of bedbug infestation, the 1st Circuit has ruled in granting a new trial.