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September 11, 2020

Vocational Evaluation & Rehabilitation Expert Witness Testimony Allowed in Crane Case

Summary: Plaintiff hired a Vocational Evaluation & Rehabilitation Expert Witness to provide testimony in a personal injury case involving a crane.

Facts: This case (Kinnerson v. Arena Offshore L P et al – United States District Court – Western District of Louisiana – June 21st, 2019) involves a personal injury claim. The plaintiff alleges that he sustained injuries while being transferred by a crane in a personal basket and that the basket violently struck a railing. The plaintiff has hired Glenn Hebert, a Vocational Evaluation & Rehabilitation Expert Witness to provide testimony. The defendant has filed a motion to exclude this expert from testifying.

June 15, 2020

Psychiatry Expert Witness Diagnosis of Schizophrenia Not Enough to Overcome Murder Verdict

by Jim Robinson

Summary: Defendant is guilty of murder despite Psychiatry Expert Witness diagnosis of his schizophrenic condition.

Facts: MATTHEWVAISE V. STATE OF MARYLAND, Case No. 2205, Sept. 2018 involved the death of Stephen Vaise.

The victim was found shot dead in his home in Maryland in January 2015. Stephen’s son Matthew Vaise was charged with 1^st Degree murder, and for use of a gun in a crime of violence.

March 22, 2020

Marketing Expert Witness Testimony Allowed

by Steven Cohen

Plaintiff filed suit against the defendant related to a trademark infringement claim. The plaintiff hired a Marketing Expert Witness to provide testimony. The defendant filed a motion to exclude this expert from testifying. The court denied the motion to exclude.

March 19, 2020

Coronavirus: Expert Witness Testimony by Video Conferencing?

by Jim Robinson

The new strain of coronavirus was officially named “COVID-19” on the February 11, 2020 by the World Health Organization (WHO). Since that time, the transmission of the virus has altered virtually all aspects of public life. This disruption may eventually lead to usual court, dispute resolution, and arbitration processes to become less practical because of public health measures put in place to contain the spread of the virus.

Because of the coronavirus, expert witnesses may be forced to testify by video conferencing. This could likely be done at the deposition stage. Although video taping of expert depositions is commonplace, it may become the rule rather than the exception to limit social interaction. If the expert deposition will be videotaped, counsel should remind their expert about their facial expressions, and their tone. It should also be noted that in this time of video posting, counsel should consider obtaining a protective order to prevent the video deposition from being posted on the Internet. See Paisley Park Enters. v. Uptown Prods., 54 F. Supp. 2d 347 (S.D. N.Y. 1999) (where the court ordered strict limits on the dissemination of the video deposition of musician Prince.)

March 10, 2020

Radiology Expert Witness Testimony Allowed

by Steven Cohen

Plaintiff filed suit against the defendants related to injuries sustained as a result of an altercation. Plaintiff hired a Radiology Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion to exclude.

November 30, 2019

Law Enforcement Expert Witness Testimony Allowed

by Steven Cohen

Plaintiff filed suit against defendant related to a claim of excessive force and negligent hiring. Plaintiff hired a Law Enforcement Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion to exclude.

November 23, 2019

Human Factors Engineering Expert Witness Testimony Allowed In Part

by Steven Cohen

Plaintiff filed suit against the defendant related to a personal injury claim. Plaintiff hired a Human Factors Engineering Expert Witness to provide testimony. Defendant filed a motion to exclude this expert from testifying. The court denied the motion in part and granted it in part.

November 15, 2019

Economics Expert Witness Testimony Allowed in Part

by Steven Cohen

Plaintiff sued defendant related to damages from an industrial accident. The defendant hired an Economics Expert Witness to provide testimony. The plaintiff filed a motion to exclude this expert from testifying. The court granted the motion in part and denied it in part.

November 4, 2019

Psychology Expert Witness Allowed In Part

by Steven Cohen

Plaintiff filed suit against the defendants related to a civil rights claim. The defendant hired a Psychology Expert Witness to provide testimony. The plaintiff filed a motion to exclude this expert from testifying. The court granted the motion in part and denied it in part.

November 1, 2019

Emergency Medicine Expert Witness Testimony Allowed in Part

by Steven Cohen

Plaintiff filed suit against the defendants related to a medical malpractice claim. Plaintiff hired an Emergency Medicine Expert Witness to provide testimony. The defendant filed a motion to exclude this expert from testifying. The court granted the motion in part and denied it in part.