Posts discussing laws and court precedent regarding expert witnesses.
Attorney David Dummer explained that the notes that expert witnesses take are not covered by FRCP 26(b) 4 (B)s protection of drafts. Speaking at the SEAK National Expert Witness Conference he reported that following: ￭ Courts appear to be allowing liberal discovery into the work performed by a testifying expert and may continue to narrowly [...]
It is usually important to explain to your expert witness some of the rules and procedures governing depositions and why these are important to the expert witness. The authors have found that even very experienced expert witnesses often do not appreciate the law and procedures governing depositions, such as: • “Off the record” merely means that the [...]
Expert Witness Conflict of Interest Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include a financial or personal relationship to an opposing party or lawyer in the case. A potential bias could include a financial or personal relationship to the party or lawyer who is [...]
Expert witness qualifications are governed by Federal Rule of Evidence 702 which states: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to [...]
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, [...]
Expert Witness Qualifications The qualifications required of an expert witness are governed by Federal Rule of Evidence 702, which states: Rule 702. Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the [...]
Workers' Compensation Expert Witnesses A significant portion of the Workers' Compensation litigation is now the cross-examination of the Workers’ Compensation AMA Guides expert witness. The Workers' Compensation Expert is almost exclusively a physician testifying about the presence or lack of permanent impairment in the claimant/injured worker. The Workers' Compensation expert witness testifying from the 6th Edition [...]
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 [...]