Expert Witness Blog

Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
February 23, 2014

Forensic Pathologist on Sequence of Gunshots

Should a forensic pathologist who partially relies on witness statements to formulate his opinion on the sequence of gunshots be permitted to testify? The court, in Fancher v. Barrientos, Dist. Court, D. New Mexico 2014 after a Daubert hearing permitted the testimony. The court stated: Dr. Di Maio testified that the generally accepted diagnostic method in the field of forensic

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December 24, 2013

Expert Witness Bias and Prior Inconsistent Statements

Although bias attacks go to the weight, and not the admissibility, of expert opinions, bias attacks can be very effective as bias is something the jury is likely to understand

In the end, most trials boil down to one issue and only one issue—credibility. Therefore, the adverse party may try to subtly, or not so subtly, impeach or reduce the credibility of an expert witness. This is completely proper. This section is designed to teach, in a very basic way, some of the evidentiary rules dealing with an attorney’s assault against an expert’s credibility.

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December 24, 2013

Expert Witness Conflict of Interest

Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include...

Expert Witness Conflict of Interest Any potential conflicts of interest or potential bias should be brought to the retaining attorney’s attention immediately. Such conflicts could include a financial or personal relationship to an opposing party or lawyer in the case. A potential bias could include a financial or personal relationship to the party or lawyer who is retaining the expert in the case.

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November 17, 2013

How to Start, Build and Run a Successful Expert Witness Practice

This is SEAK’s signature expert witness practice management training program, designed for both prospective and experienced experts. We will show you how

Please join us for How to Start, Build, and Run a Successful Expert Witness Practice  on Thursday-Friday, January 23-24, 2014 in San Diego, California. This is SEAK’s signature expert witness practice management training program. It is designed for both prospective and experienced expert witnesses. We will show you: How to exceed the expectations of retaining counsel and earn repeat business,

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April 16, 2013

Treating Physician Entitled to Expert Witness Fees

Dist. Court, D. Nevada, dealt with the issue of whether the treating orthopedic surgeon, Elkanich, was entitled to an expert witness fee for his deposition.

The US District Court Nevada, in the case of Axelson v. HARTFORD INSURANCE COMPANY OF MIDWEST, Dist. Court, D. Nevada 2013, dealt with the issue of whether the treating orthopedic surgeon, Elkanich, was entitled to an expert witness fee for his deposition. The court found he was, in fact, entitled to an expert witness fee, and stated: This Court agrees

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March 26, 2013

New Expert Witness Directory Blog from SEAK

SEAK has just launched a new resource designed to provide information and other resources to trial attorneys and expert witness on expert witness related topics.

  SEAK has just launched a new resource designed to provide information and other resources to trial attorneys and expert witness on expert witness related topics. Please take a moment to take a look:  SEAK Expert Witness Directory Blog

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January 2, 2013

How to Find Expert Witnesses

Attorneys use many different methods to locate and find expert witnesses. These include the following:

Attorneys use many different methods to locate expert witnesses. These include the following: Other attorneys – typically a referral from a colleague within the firm or a co-member of a professional association of attorneys such as AAJ or DRI. Experts who opposed the attorney in past cases – attorneys will take note of effective expert witnesses they have come against

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December 23, 2012

Trucking Expert Witness Opinion Excluded under Daubert

The U.S. District Court for the Western District of Virginia held that a trucking expert witness opinion did not meet the Daubert Standard.

Trucking Expert Witness Opinion Excluded under Daubert In Call v. Harrison, The U.S. District Court for the Western District of Virginia has held that a trucking expert witness opinion did not meet the reliability threshold imposed by Daubert.  The court reasoned: Call offered the expert testimony of a [a Trucking Expert], whose report indicates has many years of experience in

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December 22, 2012

Insurance Claims Expert Witness Found Qualified to Testify

The court finds Mr. Schratz is qualified to testify as an expert witness, as to claims handling issues based on his knowledge, skill, training and education.

Insurance Claims Expert Witness Found Qualified to Testify In Lucas v. Texas International Life Insurance Company the U.S. District Court for the Eastern District of Oklahoma has ruled that an insurance claims expert witness is qualified to testify on claims under a cancer/dread disease policy or standards for bad faith in Oklahoma.  The court reasoned: Defendant has also objected to

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December 22, 2012

Patent Infringement Expert Witness Excluded for Lack of Qualifications

The U.S. District Court for the Eastern District of Virginia has ruled that a patent infringement expert witness was not qualified on the issue of non-infringement.

Patent Infringement Expert Witness Excluded for Lack of Qualifications In Morpho Detection v. Smiths Detection, The U.S. District Court for the Eastern District of Virginia has ruled that a patent infringement expert witness who admitted that he did not have the experience of one of ordinary skill in the art (the definition agreed upon by the parties) was not qualified

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