Topic
Expert Testimony
566 published works
Tort Talk
Fair Scope of the Expert Report Rule Does Not Apply to Treating Doctors
In the case of Merrifield v. Bonacuse, No. 16-CV-3420 (C.P. Lacka. Co. Dec. 8, 2021 Nealon, J.), the court addressed the scope of expert testimony for trial as being beyond…
Tort Talk
Federal Court Addresses Daubert Motion Relative to Expert Testimony and Motion for Summary Judgment in Products Case
In the case of DiDonato v. Black & Decker (U.S.), Inc., No. 20-CV-4425-JMY (E.D. Pa. Feb. 9, 2022 Younge, J.), the court denied a Motion for Summary Judgment and a…
Tort Talk
Expert Reports May Not Be Required of Plaintiffs In Cases Where Causation is Obvious
In some personal injury cases, the relationship of a plaintiff's injury to an alleged act may be so obvious that expert testimony on causation may not be necessary. Such was the…
Expert Institute Insights
How to Give Expert Testimony: What New Experts Need to Know When Testifying at Trial
There are a few guidelines to learn about the mechanics of delivering your expertise in a courtroom setting. Following these tips will also help you present yourself as a credible…
Product Perspective: Complex Tort & Product Law
Cumulative Exposure Theories by Any Other Name Would Still Be Excluded: Illinois Court Requires Evidence of Length and Amount of Asbestos Exposure
By Tim Larkin, Jonah Hall, Maureen Jenner
Under the now widely-adopted Daubert standard, courts evaluate expert testimony based on the principles and methodology underlying the expert witness’s opinion. Admissibility of expert testimony is not governed by whether…
EvidenceProf Blog
Federal Rule of Evidence 702 Proposed Amendments: Bringing Expert Analysis Under Consistent Judicial Scrutiny
By Colin Miller
Tomorrow at 1:00pm, I will be presenting as part of the CLE Panel: Federal Rule of Evidence 702 Proposed Amendments: Bringing Expert Analysis Under Consistent Judicial Scrutiny. Here at the…
Florida Construction Legal Updates
JUST BECAUSE I MAY BE AN “EXPERT” DOES NOT MEAN I AM GIVING EXPERT TESTIMONY
On a construction project, it’s hard to argue that the involved parties — whether an architect, engineer, contractor, subcontractor, developer, etc. — are not experts in their field, i.e., they…
EvidenceProf Blog
Eleventh Circuit Opinion Raises Questions Under Rule 704
By Colin Miller
Federal Rule of Evidence 704 provides that (a) In General — Not Automatically Objectionable. An opinion is not objectionable just because it embraces an ultimate issue.(b) Exception. In a criminal case, an expert…
EvidenceProf Blog
District of Columbia Court of Appeals Finds Daubert Hearing Didn’t Need to be Held in Arson Retrial
By Colin Miller
Federal Rule of Evidence 702 (like many state counterparts), provides thatA witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form…
Drug & Device Law
You Gotta Have Methodology: Expert’s Ipse Dixit Opinion Excluded in C.D. Cal. Hernia Mesh Case
We are headed to New York on Monday for the A.C.I. Drug and Medical Device Conference. We love this conference – we always see so many old friends and former…