By James J. Mangraviti, Jr., Esq. Introduction – Expert Witness Cross-Examination Expert witness cross-examination can be a challenging process for the expert witness. Trials are held in order to evaluate the credibility of witnesses. Expert witness cross-examination is allowed in order for opposing counsel to challenge the credibility of the expert witness and the [...]
Steven Babitsky, Esq. The United States District Court, M.D. Louisiana dealt with a slip and fall case and the life care plan of Aaron Wolfson, PhD. Dr. Wolfson spoke to the treating physicians and then sent a letter to each doctor, recording the need for future medical treatment of the plaintiff. The court held that [...]
Steven Babitsky, Esq. The United States District Court, D. Puerto Rico dealt with a motion to set aside or reduce a jury award of $12,966,000 for a child born with cerebral palsy due to medical negligence. The court upheld the verdict despite the lack of expert testimony on the issue of life expectancy. The court [...]
Steven Babitsky, Esq. State and federal courts are encouraging and, in some cases, requiring litigants to proceed with virtual litigation. Hearings In Madonna Ciccone v. One West 64th Street Inc., the Supreme court New York County 6514748/2016 9/4/2020, the court required, due to Covid-19, that a fee hearing must go forward by videoconference. Bench Trials [...]
The U.S. District Court E.D. New York dealt with a request for a virtual bench trial in a voting rights act case. The court granted the request for the virtual bench trial and stated: In terms of good cause, plaintiffs argue that "COVID-19 creates perhaps the most compelling circumstances in history in favor of conducting [...]
The U.S. District Court D. New Mexico dealt with the plaintiff who was in an automobile accident. The plaintiff was travelling in New Mexico at the time of the accident but lives in Kentucky. The defendant sought to have the plaintiff, who has Multiple Sclerosis, travel back to New Mexico for the IME. The court [...]
The U.S. District Court (E.D Missouri) dealt with the plaintiff, Bayes, who sued a biomedical company, Biomet, for a defective hip implant. The defense sought to exclude the life care planner, Corwin, who is ACRC and a certified life care planner. The court denied the motion to exclude, stating that the methodology was sufficiently reliable. [...]
Steven Babitsky, Esq. The U.S. District Court (Alaska) dealt with a professor, Bloom, who proposed testifying "about incentives for snitches and cooperating witnesses . . . to aid the jury by giving a thorough background that they may determine the credibility of cooperating witnesses.” The court relied on Black Letter Law and held he would [...]
Steven Babitsky, Esq. The U.S. District Court E.D. Louisiana dealt with the Seaman, Compton, who was hit on the head by a falling object and suffered serious injuries. The defense filed a Daubert challenge to the testimony of David Paulis, PhD, an engineering expert who was to testify as to the forces involved when a [...]
The U.S. District Court of Appeals (3rd Cir) dealt with a condemnation proceeding under the Natural Gas Act. The court took this opportunity to clarify that Daubert does in fact apply in bench trials. The court stated: We start with a clarification about the role Rule 702 plays in bench trials. As we have explained, [...]