Professional blogger Rosemary Jones provides her perspective on the common problems of being an expert witness.  Ms. Jones writes on several niches particularly in law, including personal injury, estate planning, business law, real estate law, construction law, criminal defense law and DUI law. Read more about her blog posts on Band Gates & Dramis.

Common Problems of Being an Expert Witness

An expert witness is often hired to provide their opinion on the facts of a case and the entailed legal proceedings. have both the knowledge and practical experience to offer their perspective on the matter, being specialists in their fields. While at first glance, it might seem like an easy thing to be an expert witness, in reality, there are a lot of things to take into consideration. Some problems can appear when one is an expert witness, as you will have the opportunity to read below.

Plaintiff sued defendant to recover insurance payment made after a house fire.  Plaintiff alleged that defendant was negligent in installing an electric “smart” meter, which they say caused the fire.  The plaintiff hired an electrical engineering expert witness to provide testimony and the defendant filed a motion to exclude the testimony.  The court granted the motion.

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Plaintiff filed suit against defendant due to injuries he sustained while using a tree stand distributed by the defendant.  The plaintiff hired a life care planning expert witness and a forensic accounting expert witness to provide testimony on his behalf.  The defendant filed a motion to exclude the testimony of these experts.  The court granted the motion to exclude.

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Plaintiff sued defendant for alleged trademark infringement of their cleaning product.  Both experts hired public opinion & survey research expert witnesses to assist in their cases and both parties filed motions to exclude these witnesses.  The court denied the motion to exclude the plaintiff’s expert and partly granted the motion to exclude the defendant’s expert.

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Copyright Expert Witness Scott Hampton and Ashley Bailey of Hampton IP & Economic Consultants, LLC posted the following article:

Viral Videos Challenging the Enforcement of Copyrights

In an effort to move United States copyright law into the digital age, Congress passed the Digital Millennium Copyright Act (DMCA) in 1998. The DMCA is the beginning of an ongoing effort to modernize the nation’s copyright law.1 In an ever-changing digital world, copyright law must continue to evolve with technology.

The Plaintiff sued the owners and operators of a transmission line after he sustained injuries after he was allegedly electrocuted.  The Defendant hired an electrical engineering expert witness to provide testimony.  The Plaintiff filed a motion to exclude this testimony, which the court granted in part and denied in part.

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Plaintiff sued Defendant after an accident between their two vehicles allegedly caused Plaintiff’s pre-existing injuries to become exacerbated. Plaintiff hired an orthopedic surgery expert witness and a rheumatology expert witness to assist in her case.  The Defendant filed a motion to exclude these experts and the court granted the motion.

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Plaintiff filed suit against the Defendant for alleged environmental contamination.  Both parties hired experts to provide testimony.  The court denied the motion to exclude the environmental engineering expert witness and granted in part and denied in part the motion to exclude the testimony of the hydrology & groundwater expert witnesses

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Plaintiff sued Defendant related to child abuse violations from 1974 to 1981.  The Plaintiff hired a forensic psychiatry expert witness and a psychology expert witness to assist in his case.  The Defendant filed a motion to exclude the testimony of both of these experts.  The court denied the motion.

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