In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write on when the expert’s facts are wrong: An expert’s opinion is unreliable if his or her facts are wrong. As the Supreme Court explained, if “the foundational data underlying the opinion is unreliable,…
Accident reconstruction expert witness Will Meredith lays out the steps in accident reconstruction: GENERALLY TAUGHT AND ACCEPTED METHODOLOGY FOR RECONSTRUCTION OF AN ACCIDENT IS AS FOLLOWS: 1) REPORTING: Strictly factual, no opinions. 2) INSPECTION: Includes measurements at scene, photographs, vehicle inspections, all observable evidence at scene. 3) TECHNICAL PREPARATION: May…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: While not an exhaustive list, the following are indicia of bad faith conduct under various standards: • Failure to investigate a claim thoroughly; • Failure to evaluate a claim objectively;…
Advertising expert witness Paul Wright, is a principal of SignValue. This SignValue survey includes bad news for print media: 1) Contrary to previously published survey results, 24.7% of all respondents here indicated that their 2009 media expenditures will remain flat to potentially increase approximately 10% over 2008. 2) As a…
In Good Data Drives Out Bad Cases, marketing expert witness and president of Applied Marketing Science, Inc, Robert L. Klein writes on the value of early data: Sometimes even the results of a survey pre-test can be valuable. Pre-testing or pilot testing a survey is a standard research practice that…
In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write: The Admissibility of Expert Testimony in Texas after Daubert and Robinson. Rule 702 governs the admissibility of expert testimony in Texas: If scientific, technical, or other specialized knowledge will assist the trier of…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: Thus, a bad faith claim has these three very separate and distinct components: A breach of contract is not bad faith – there must be an examination of the conduct…
Good Data Drives Out Bad Cases marketing expert witness and president of Applied Marketing Science, Inc., Robert L. Klein writes on the effective use of surveys in legal cases: A survey can be a very effective way of helping a client see the true “beauty” of her case. For example,…
Samuel McCargo faced cross-examination Friday in the final session of his trial on charges of professional misconduct while representing former Detroit Mayor Kwame Kilpatrick in the text message scandal. McCargo’s lawyers want to use Thomas Cranmer, a Detroit criminal defense lawyer, as a legal malpractice expert witness to counter the…
In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write: The practical effect of Robinson in Texas has been an increase in the scrutiny of expert testimony. Even popular media coverage has identified the 1993 Daubert decision as a severe restriction on expert…