Topic
Expert Testimony
566 published works
Zalma on Insurance
Insurance Expert May Not Testify About Law or Causation
By Barry Zalma
An Expert Witness May Not Testify Outside his Field of Expertise For more than a decade I have testified as an insurance claims expert. I have never, however, even considered…
Tort Talk
Expert Testimony By Nurses on Future Medical Expenses Allowed
In the case of Jones v. Nicolani, No. CV-2018-007110 (C.P. Del. Co. Oct. 4, 2021 Eckel, J.), the court denied a Defendant’s Motion In Limine filed in a motor vehicle…
Paul W. Mollica Federal Courts Blog
Another Court of Appeals Has to Write an Opinion Reminding Litigants That Fed. R. Evid. 702 Applies to Nearly All Cases in Federal Court Involving Expert Testimony
In Love v. United States, No. 20-3534 (7th Cir. Nov. 4, 2021), the Seventh Circuit issues a short opinion devoted entirely to knocking down an argument that state rather than…
EvidenceProf Blog
Eastern District of California Denies Request to Appoint Court Expert in Eighth Amendment Case
By Colin Miller
Federal Rule of Evidence 706(a) provides thatOn a party’s motion or on its own, the court may order the parties to show cause why expert witnesses should not be appointed…
Property Insurance Coverage Law Blog
Expert Involvement in a Dispute Can Be Beneficial at Every Mile Marker of the Claim Resolution Marathon
By Mark Dillman
Not every insurance claim requires expert involvement. However, when a dispute arises, identifying and retaining an expert can be invaluable, not only for final resolution but in keeping a claim…
Ohio Appellate Insights
Merit Decision: Court Nixes Expert Testimony in Medical Malpractice Case. Johnson v. Abdullah.
“While Walls’s role was vital and essential to the hospital, he was not engaged in the active practice of medicine or in a role adjunctive to patient care.” Justice Fischer,…
California Employment Law Update
PAGA Plaintiff’s Expert Statistician Should Have Been Permitted To Testify
By Tony Oncidi
Zuniga v. Alexandria Care Ctr., LLC, 2021 WL 3560665 (Cal. Ct. App. 2021) Rosalinda Zuniga was employed by Alexandria Care as a housekeeper who filed a PAGA claim, alleging her…
EvidenceProf Blog
The Proposed Amendment to Federal Rule of Evidence 702
By Colin Miller
In August, three proposed amendments to the Federal Rules of Evidence were released for public comment. The public comment period closes on February 16, 2022. This is the third in a…
Mass Tort Defense
LCJ Comments on Proposed Amendment to FRE 702
By Sean Wajert
We want to point out the cogent Comments by Lawyers for Civil Justice to the Advisory Committee on Evidence Rules in response to the Request for Comments on the Committee’s…
Drug & Device Law
Don’t Say Daubert
By Bexis
Back in May, we discussed the latest amendments proposed by the Advisory Committee on Civil Rules to Fed. R. Evid. 702. These amendments, while not changing the substance of Rule…