Listen To The Experts? Recent Appellate Rulings Affect Admissibility Of Medical-Expert Testimony
Scott P. Devries of Nossaman LLP
Complex civil cases, all too often, become the province of expert witnesses. Regardless of the issue, it is the rare case when counsel is unable to locate an expert who will support a given scientific proposition. And when they do, the expert inevitably will be able to explain, in cogent and dispassionate terms, why the side that retained him or her is in the right.
Experts: When to Hold 'Em, When to Fold 'Em
John C. Cabaniss of Cabaniss Law Office
One of the most difficult tasks litigators face today is deciding when-and when not-to use experts. In deciding w.
The United States Supreme Court Extends the Holding of Daubert V. Merrell Pharmaceuticals to all Expert Testimony
Carr Maloney P.C.
On March 23, 1999, the United States Supreme Court, in Kumho Tire Company Ltd. v. Carmichael, No. 97-1709, held tha.
The Top Five Mistakes Expert Witnesses Make
Michael B. Lee of Beirne, Maynard & Parsons, L.L.P.
An expert is a person with specialized knowledge, skill, experience, training, or education which qualifies that person to form helpful opinions for a party in anticipation for litigation or preparation for trial. The court must find, however, in addition to the expert's qualifications, that the opinion evidence will be relevant to the issues in the case, that it is reliable, and that it will be helpful to the trier of fact.
The Expansion of the Daubert Expert Evidence Doctrine ContinuesÃÂ
Recent Decisions in Federal and Louisiana Courts
Michael G. Durand of Onebane Law Firm
Few areas of law depend to a greater degree on expert testimony and evidence than litigation involving environmenta.
Assisting the Court
Tydings & Rosenberg LLP
In a post-Daubert world, courts considering the admissibility of expert testimony must become somewhat expert thems.
U.S. Supreme Court Expands Daubert
Teague, Campbell, Dennis & Gorham, L.L.P.
Federal Rule of Evidence 702 reads "if scientific, technical or other specialized knowledge will assist the trier o.
Bad Faith Experts After Kumho
Evan M. Tager,Alan E. Untereiner and Eileen Penner of Mayer Brown LLP
This article reviews the Kumho Tire Co. v. Carmichael's decision which discussed the scope of testimony for bad faith experts in insurance coverage matters. In Kumho, the Supreme Court narrowed the scope of what an expert can testify to during trial.
Does Daubert Apply to None-Scientific Experts?
Neblett, Beard & Arsenault
In Daubert v. Merrell Dow Pharmaceuticals,(1) the United States Supreme Court held that the Federal Rule of Eviden.
Failure to Prepare Report Ruled 'Harmless'
Robert J Ambrogi and IMS Expert Services
In what appears to be a case of first impression, the 7th U.S. Circuit Court of Appeals has ruled that two experts were not barred from testifying by their failure to prepare or sign their own reports, as required by the Federal Rules of Civil Procedure.
CAFC: Infringement Not Proven in Marketing Materials
Robert J Ambrogi and IMS Expert Services
Expert testimony based largely on the opponents' marketing and advertising materials provided no proof of infringement of stem-cell patents and should have been excluded from trial, a divided three-judge panel of the Federal Circuit Court of Appeals ruled June 9th. The stem-cell biologist's testimony ? which consisted almost entirely of quotations from the defendants' promotional and investment materials ? was neither appropriate for an expert, nor helpful to the jury, the court concluded in affirming the trial court's post-trial order striking the testimony.
No Rule 26 Right to Daubert Costs
Robert J Ambrogi and IMS Expert Services
A federal discovery rule requiring an opposing party to pay expert-related fees and expenses does not apply to pretrial Daubert hearings, the 5th U.S. Circuit Court of Appeals has ruled. Although Fed. R. Civ. P. 26(b)(4)(C) allows a party to recover discovery costs relating to expert witnesses, the rule does not extend to the $64,000 in expenses these plaintiffs incurred in securing their expert's testimony at the Daubert hearing, the court said.
Supreme Court Watch -- Kumho Tire Co., Ltd. V. Carmichael : Bolstering Safeguards against Non-Scientific Experts.
Paul, Hastings, Janofsky & Walker LLP
When the United States Supreme Court rendered its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U..
In an Expert, Passion Equals Credibility
Robert J Ambrogi and IMS Expert Services
Credibility is a key attribute in an expert witness, every trial lawyer would agree. But how do you gauge a potential expert's credibility? What attributes provide the best predictors of how the expert will measure up in the eyes of a jury?
In an Expert, Knowledge May Not Equal Power
Robert J Ambrogi and IMS Expert Services
Just because an expert strikes you as the brightest guy on the planet, that doesn't mean he is the best witness for your case, says Roderick B. Williams, an intellectual property partner with Vinson & Elkins in Austin, Texas.
Supreme Court Rules on Testimony by Experts
Nancy L. Newman of Knapp, Petersen & Clarke
The U. S. Supreme Court recently issued a unanimous ruling in a case which defendants in product liability cases ar.