The US District Court Nevada, in the case of Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. Court, D. Nevada 2013, dealt with the issue of whether the treating orthopedic surgeon, Elkanich, was entitled to an expert witness fee for his deposition. The court found he was, in fact, entitled to an expert witness fee, [...]
SEAK has just launched a new resource designed to provide information and other resources to trial attorneys and expert witness on expert witness related topics. Please take a moment to take a look: SEAK Expert Witness Directory Blog
Attorneys use many different methods to locate expert witnesses. These include the following: Other attorneys – typically a referral from a colleague within the firm or a co-member of a professional association of attorneys such as AAJ or DRI. Experts who opposed the attorney in past cases – attorneys will take note of effective expert [...]
Trucking Expert Witness Opinion Excluded under Daubert In Call v. Harrison, The U.S. District Court for the Western District of Virginia has held that a trucking expert witness opinion did not meet the reliability threshold imposed by Daubert. The court reasoned: Call offered the expert testimony of a [a Trucking Expert], whose report indicates has [...]
Insurance Claims Expert Witness Found Qualified to Testify In Lucas v. Texas International Life Insurance Company the U.S. District Court for the Eastern District of Oklahoma has ruled that an insurance claims expert witness is qualified to testify on claims under a cancer/dread disease policy or standards for bad faith in Oklahoma. The court reasoned: [...]
Patent Infringement Expert Witness Excluded for Lack of Qualifications In Morpho Detection v. Smiths Detection, The U.S. District Court for the Eastern District of Virginia has ruled that a patent infringement expert witness who admitted that he did not have the experience of one of ordinary skill in the art (the definition agreed upon by [...]
Packaging Engineer Expert Witness’s Opinion On Commercial Motor Vehicles Found Not Based Upon a Reliable Methodology In Morris v. Ford Motor Company the US District Court for the Northern District of Indiana has ruled that a packaging engineer’s opinion based upon his claimed experiences without further explanation was not based upon a reliable methodology. The [...]
Email Statements Concerning Firearms Expert Witness Found Not to Be Defamatory The 7th US Circuit has affirmed a summary judgment ruling against a firearms expert witness who had sued for defamation. The case is NIXON v. HAAG. The Circuit Court’s reasoning from its unpublished opinion is provided below: John Nixon, a professional expert witness on firearm mechanics, [...]
The need for expert witnesses has never been greater than it is today. Litigants rely on expert witness testimony in the vast majority of all civil cases. Unfortunately, few experts receive formal training in such subjects as the expert’s proper role in the legal system; how to communicate opinions effectively at deposition, at trial, and [...]
Forensic experts often get into trouble when listing their writings and publications on their CVs. Care should be taken to be completely accurate in all claims. Was the expert the “author,” a “co-author,” or one of fourteen contributors to an article, chapter, or book? The differences may at first seem subtle and perhaps even insignificant. [...]