In the recent decision of JOLLEY v. McCLAIN, Oklahoma Supreme Court 2025, the Oklahoma Supreme Court addressed the scope of permissible discovery into the financial records of a Tax Expert Witness in condemnation proceedings. The case provides critical guidance on the intersection of expert witness bias, discovery rights, and the statutory limits imposed by state law.

Background and Parties

The dispute arose from a condemnation action initiated by the Oklahoma Department of Transportation (ODOT) to acquire a strip of land owned by Christopher Charles Jolley. After negotiations failed, ODOT filed suit and, pursuant to Oklahoma law, three disinterested freeholders were appointed as commissioners to appraise the property. The commissioners valued the property at $15,310. Jolley, dissatisfied with the valuation, demanded a jury trial. ODOT identified Robert Grace as its expert appraiser for the upcoming proceedings.

The complex world of art authentication and ownership disputes came into sharp focus in Kozar v. Christie’s, Inc., New York Other Courts 2011, where an Antiques, Art, & Collectibles Appraisal Expert Witness played a crucial role in establishing the rightful ownership of a valuable painting that had been consigned to the prestigious Christie’s auction house.

Background and Facts

The case arose when the Kozar family discovered that a painting they claimed had been stolen from them decades earlier was scheduled for auction at Christie’s. The painting had originally belonged to the family’s patriarch and had been passed down through generations. According to the plaintiffs’ account, the artwork had been given to someone identified as “O’Keefe” under false pretenses, who subsequently sold it for what the family characterized as a “bargain basement price” of $1,600 to an art gallery owner operating under the name “John Doe.”

In the pivotal case of Libas, Ltd. v. United States, 193 F.3d 1361 (Fed. Cir. 1999), the role of the Import/Export Expert Witness was central to the dispute over the classification of imported fabric and the reliability of expert testimony in customs litigation.

Background and Facts

Libas, Ltd., an importer of textile goods, challenged the United States Customs Service’s determination that certain imported fabric was “power-loomed” rather than “hand-loomed.” This classification had significant tariff implications, as hand-loomed fabrics were eligible for preferential treatment under U.S. customs regulations. The dispute arose when Customs conducted technical tests on the fabric and concluded it was produced by power looms, subjecting it to higher duties.

Introduction

In the recent case of Impagliazzo v. Judlau Contracting, Inc., 2023 NY Slip Op 50952(U) (N.Y. App. Div. 2023), the testimony of a

Slip, Trip & Fall Expert Witness was crucial. This case involved a worker who tripped and fell on a rebar mat at a construction site, leading to significant injuries.

Introduction

In the recent case of Crofts v. Issaquah School District, No. 19-35473 (9th Cir. 2022), the expertise of a

Child Safety Expert Witness was crucial. This case involved allegations of negligence in supervising a child with special needs, leading to the child’s injury.

Introduction

In the recent case of Monsanto Company v. Hardeman, No. 19-16636 (9th Cir. 2023), the testimony of a

Chemicals Expert Witness played a pivotal role. This case revolved around claims that Monsanto’s herbicide, Roundup, caused non-Hodgkin lymphoma in the plaintiff, Edwin Hardeman.

Introduction

In the recent case of Kenai Ironclad Corp. v. CP Marine Services, LLC, No. 22-30311 (5th Cir. 2023), the testimony of an

Admiralty & Maritime Expert Witness played a pivotal role. This case involved a breach of contract related to the repair and conversion of an offshore supply vessel.

Introduction

In the recent case of Johnson v. FedEx Freight, Inc., No. 21-1456 (E.D. Mo. 2023), the testimony of a

Black Box/Data Recorder Expert Witness was pivotal. This case involved a severe vehicular accident where the plaintiff, Johnson, claimed that the truck driver employed by FedEx Freight was negligent and that data from the truck’s black box would support this claim.

Introduction

In the recent case of Trice v. Dorel Juvenile Group, Inc., the expertise of a

Biomechanics Expert Witness was crucial. This case involved a tragic motor vehicle collision that resulted in severe injuries to a toddler, raising questions about the safety and design of a booster seat manufactured by the defendant, Dorel Juvenile Group, Inc.

Introduction

In the recent case of Dooley v. United States, No. 22-995 (2d Cir. 2023), the testimony of a

Bicycle Expert Witness was pivotal. This case involved a cyclist, Dooley, who suffered significant injuries after colliding with an open car door operated by a U.S. Marine recruiter.