Posts discussing laws and court precedent regarding expert witnesses.
The state of California follows the Frye test for expert witness admissibility. People v Buell, 16 Cal.App.5th 682 (Cal. Ct. App. 2017). This test provides that admissibility of expert witness testimony regarding the expert’s testing is reliant on the “reliability of scientific testing and its scientific basis.” Id. There is a two-step process in [...]
Jury instructions regarding expert witnesses in Wyoming are not readily accessible in jury instruction handbooks as jury instructions in other states are. However, case law provides insight as to what the jury is instructed in Wyoming in regard to expert witnesses. First, expert witnesses are allowed to testify as to their opinion on the [...]
Jury instructions regarding expert witnesses in Wisconsin are outlined in Wisconsin’s Jury Instructions, §1:12 instruction number 7. WIS. PRACTICE SERIES, ELEMENTS OF AN ACTION § 1:12 (2017). This rule instructs the jury that expert witnesses can testify to their opinions on the matter at hand. Id. The rule tells the jury that it is [...]
Jury instructions regarding expert witnesses in West Virginia are outlined in the Jury Instructions for Virginia and West Virginia, § 41-112. W. VA. JURY INSTR. § 41-112 (2016). This rule instructs the jury that experts have a specific area of skill that they are permitted to testify to. Id. The jury is to “consider [...]
Jury instructions regarding expert witnesses in Washington are outlined in Washington’s Pattern Jury Instructions, Civil Rule 2.10. Wash. Prac. Pattern Jury Instr. Civil 2.10 (2013). This rule is not mandatory when there is expert testimony, but if requested by a party the court should read the instruction specifically pertaining to expert witnesses. Id. The [...]
Jury instructions regarding expert witnesses in Virginia are outlined in Virginia’s Practice Jury Instructions §3:8. VA. PRAC. JURY INSTR. §3:8 (2017). These rules provide that when there is “serious conflict in the evidence” the jury must be instructed that it is responsible for determining how much weight to give each witness and which witnesses [...]
Jury instructions regarding expert witnesses in Vermont are outlined in Vermont Civil Jury Instructions § G. Vt. Civil Jury Instr. § G (2008). This rule instructs the jury that individuals with “special knowledge, training, or experience” are experts and they are permitted to testify as to their opinion on the case at hand. Id. [...]
It doesn't say inflatable, but it says this other word...I can't think of a synonym for inflatable, but another word for inflatable and that means...a person who's skilled in the art, again, POSA, would know that that was inflatable, and so it's disclosing that, and it's disclosing that it's orange even though it [...]
Excerpted from SEAK's Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques Okay, let's talk about direct examination. We have, like, an hour left. One of the things that I noted when I was doing research for this course...I looked at a survey that Law 360 did, which [...]
Excerpted from SEAK's Course: How to Excel as an Expert Witness in Patent Cases: Special Techniques Now there's a doctrine of equivalents and this is something we're experts are called upon quite a bit and this is a really tricky area of the law. So it's doctrine of equivalents or DOE as [...]