A court-appointed expert was not immune from liability for allegedly failing to provide contracted-for services in a divorce case, the Oklahoma Supreme Court has ruled in reversing a dismissal.
Lawyers care about an expert’s credentials, how the expert’s opinions support their case, and the expert’s ability to withstand cross-examination. Experts care about their reputation and how to balance objectivity with assisting their client’s case. Jurors just want to figure out what the heck is going on.
An expert in a product liability case was not qualified to testify that the plaintiff’s injuries were caused by a defective seatbelt buckle in a Ford automobile, the 10th Circuit has ruled in reversing a $4.5 million judgment.
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?
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.
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.
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.
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.
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.