In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Though generally straightforward, the expert disclosure provisions of Rule 26 do contain “gray” areas with respect to which counsel should be alert. For instance, parties must disclose the identity of all witnesses they might use…
In Medical Malpractice Overview, medical expert witness Eugene DeBlasio explains: Medical malpractice is negligence committed by medical professionals. For negligence to be “actionable” (having all the components necessary to constitute a viable cause of action), there must be a duty owed to someone, a breach of that duty, and resulting…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: CAN YOU CONVERT THE CONTRACT CLAIM TO A TORT CLAIM? It is obvious from the above that either using traditional tort principles or those requisites for the tort of insurance…
In Expert Witnessing During the Current Economic Downturn, Hydrology and groundwater expert witness Rick Van Bruggen, P.E., D.WRE, gives advice on for experts in a rough economy: One thing I would recommend to Experts during rough times is to stay on top of your retainers, especially with plaintiff’s attorneys. Don’t…
Aquatics expert witness and president of a national parasail operators association Arrit McPherson testified in a Coast Guard hearing Friday that he routinely takes two safety steps in his business, either of which may have been critical in preventing the deaths of two women Aug. 28 while parasailing at Ocean…
In Expert Witnesses and Reports, Manuel Lopez and David Chaumette of Shook, Hardy & Bacon L.L.P. write on expert reports: By statute, Texas requires expert reports to prosecute various types of lawsuits-most notably medical malpractice lawsuits. This paper will not list every such requirement, but will list a few of…
Medical expert witness Dr. Mark Palumbo testified Wednesday in the medical malpractice lawsuit against St. Joseph Hospital, WA, and two doctors. After having surgery at the hospital Oct. 7, 2004, a blood clot formed in Martin’s neck, which restricted her breathing and caused swelling and eventual brain damage. The expert…
In Negotiating and Settling Insurance Bad Faith Cases , insurance expert witness Guy O. Kornblum of GK Consultants, LLC, writes: Insurance companies have increasingly relied on what they perceive as an emerging “defense” to their denials or wrongful handling of claims from their insureds: the “good faith dispute.” Initially, this…
Hydrology and groundwater expert witness Rick Van Bruggen, P.E., D.WRE, writes on whether expert witnesses are “recession proof.” As an expert witness I am seeing that, while our field of work is not completely “recession proof,” it does seem to be significantly buffered from the full effects of a recession.…
Based on a ruling from a Charleston judge, Bausch & Lomb Inc. plans to seek to dismiss the majority of active lawsuits stemming from the 2006 global recall of a top-selling contact lens solution. David C. Norton, chief U.S. District Court judge in Charleston, last week granted the eye-products maker’s…