In Daubert: Very Convoluted, Usually Confusing to Many, Nevertheless Elegant, Armand Rossetti writes: Pretrial Daubert hearings are essentially motions in limine that ultimately decide whether an expert is qualified, and whether that expert: 1) has based an opinion on sufficient facts or data; 2) will be able to testify using…
In Agricultural and Grounds Maintenance Equipment, agricultural engineering expert witness Richard L. Parish, PhD, PE, writes: When a personal injury or wrongful death case involves agricultural or grounds maintenance equipment, it will usually be necessary to retain an agricultural engineering expert to assist with the case. In most such cases,…
In Physicians giving expert testimony are regulated by law, professional associations, B. Sonny Bal, MD, JD, MBA; Lawrence H. Brenner, JD write: Both the legal and medical professions must contend with self-declared expert witnesses, who promote their availability to testify before courts in return for financial compensation. Reports of lucrative…
Petrochemical expert witness Douglas Buchan testified for the plaintiff in the U.S. District Court in Green Bay and describes how the lawsuit led to the State of Wisconsin changing the law to cover and protect the public with the installation of propane systems. The Higdon family filed a complaint against…
The Texas Alcoholic Beverage Commission acknowledges that numerous agency policies were violated during the June 28 inspection of the Rainbow Lounge, Fort Worth, TX, and that disciplinary actions are pending against the agents involved. “There were so many violations that one could readily assert that they had no business walking…
In Survey Research to Support Litigation, survey research expert witness Dr. Larry Chiagouris writes: Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a…
In Positive Trend for Defendants in Product Liability, Nick Rees of PublicNuisanceWire.com interviews Jim Beck, of counsel at Dechert LLP in the mass torts and product liability group. PNW: How has the use of expert witnesses evolved? BECK: Daubert v. Merrrell Dow Pharmaceuticals, Inc. really brought a revolution in expert…
In Physicians giving expert testimony are regulated by law, professional associations, B. Sonny Bal, MD, JD, MBA; Lawrence H. Brenner, JD write: In civil actions involving alleged negligence on the part of a professional, such as a claim of medical malpractice, expert testimony serves to educate the court and jury…
A Boston federal jury on Friday ordered Joel Tenenbaum to pay a total of $675,000-$22,500 per song-to the major record labels for willfully infringing 30 songs by downloading and distributing them over the KaZaA peer-to-peer network. The trial was an almost entirely one-sided affair. Plaintiffs built their case with forensic…
No one can pinpoint why Diane Schuler, 36, drove the wrong way on a familiar suburban New York parkway for nearly 2 miles before slamming head-on into another vehicle, killing herself and seven others. A medical examiner is digging deeper for answers after ruling that Schuler didn’t have a heart…