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So far Karen Cerbarano has created 57 blog entries.

Daubert: Applies to Bench Trials

The U.S. District Court of Appeals (3rd Cir) dealt with a condemnation proceeding under the Natural Gas Act. The court took this opportunity to clarify that Daubert does in fact apply in bench trials. The court stated: We start with a clarification about the role Rule 702 plays in bench trials. As we have explained, [...]

By |2020-07-02T15:29:44-04:00July 2nd, 2020|Uncategorized|Comments Off on Daubert: Applies to Bench Trials

Expert Witnesses Need to Warm Up in the Bullpen

Steven Babitsky, Esq. I was speaking with an expert witness and he described his problem at deposition: “I do very well generally at my depositions. I am well-prepared, know my stuff, and have experience. The problem is it takes me 20-30 minutes to warm up during my deposition, so in the beginning of them I [...]

By |2020-06-24T12:44:17-04:00June 24th, 2020|Uncategorized|Comments Off on Expert Witnesses Need to Warm Up in the Bullpen

Controlling the Expert Witness During Cross Examination

One of the most important techniques trial lawyers are taught is how to control the expert witness during cross-examination. Attorney Phillip H. Miller explains this strategy: Cross-examination is not about a witness testifying; it is about the lawyer eliciting the desired testimony from the witness. Control the witness. If you feel you are not in [...]

By |2020-05-19T13:33:46-04:00May 19th, 2020|Uncategorized|Comments Off on Controlling the Expert Witness During Cross Examination

Life Care Planner – Need for Physician Review

The U.S. District Court, W.D. Virginia dealt with a federal tort claims act case – a podiatrist, Bonk, treated the plaintiff with surgery for an injured ankle which resulted in an amputation of the leg below the knee. The U.S. hired Wirt, a registered nurse and certified life care planner to rebut the plaintiff’s physician [...]

By |2020-03-06T11:45:35-05:00March 6th, 2020|Uncategorized|Comments Off on Life Care Planner – Need for Physician Review

The Defense Bar Urges Tightening Daubert Rule Enforcement

By Steven Babitsky, Esq. The defense organization Lawyers for Civil Justice has urged that the advisory committee on evidence rules and its subcommittee on rule 702 amendments the “reform” of a Daubert Enforcement. Specifically, this powerful and influential group called for the following: We urge you to move forward with an amendment to rule 702 [...]

By |2020-03-03T16:32:53-05:00March 3rd, 2020|Uncategorized|Comments Off on The Defense Bar Urges Tightening Daubert Rule Enforcement

The Pyramid Problem at Forensic Accounting Firms

Nadine Nasser Donovan, Esq. Steven Babitsky, Esq.   What is the pyramid problem? Many forensic accounting firms whose employees act as expert witnesses suffer from a serious “pyramid problem.” This is a term we at SEAK Inc. use to describe a company which has many accountants performing expert witness work, yet just a select few [...]

By |2019-12-02T12:12:38-05:00December 2nd, 2019|Uncategorized|Comments Off on The Pyramid Problem at Forensic Accounting Firms

Studying Opposing Counsel: Preparing for Your Expert Deposition

Expert witnesses who are to be deposed in challenging cases should consider studying the style of opposing counsel. Expert witnesses of all disciplines, from accident reconstruction to wound care should go beyond looking at counsel’s webpage and maybe a few of her publications. Expert witnesses, with the assistance of retaining counsel, should obtain deposition transcripts/videos [...]

By |2019-09-28T14:51:15-04:00September 27th, 2019|Uncategorized|Comments Off on Studying Opposing Counsel: Preparing for Your Expert Deposition

The Biggest Mistakes Experts Make in Succession Planning

Steven Babitsky, Esq. Many successful expert witnesses have viable and profitable businesses. The desire to “keep at it” often prevents experts from forming a viable succession plan. In fact, well thought out succession plans often enable expert witnesses to continue working, be more selective in their assignments, and provide income when they do decide to [...]

By |2018-06-07T08:23:46-04:00June 7th, 2018|Uncategorized|Comments Off on The Biggest Mistakes Experts Make in Succession Planning

Daubert Expert on Risk Assessment for Expert Witness Challenges

By Steven Babitsky, Esq. Expert witnesses of all specialties are facing an increasing numbers of Daubert challenges. The admissibility rate varies by area of expertise. Physicians, when testifying in certain areas, have approximately a 50% exclusion rate with many financial experts (fraud 52% and intellectual property 51%) a little higher.[1] What can and should expert [...]

By |2018-05-17T14:12:40-04:00May 17th, 2018|Uncategorized|Comments Off on Daubert Expert on Risk Assessment for Expert Witness Challenges

Expert Witness in Patent Case: Person of Ordinary Skill in Art (POSA) – a Pitfall

It doesn't say inflatable, but it says this other word...I can't think of a synonym for inflatable, but another word for inflatable and that means...a person who's skilled in the art, again, POSA, would know that that was inflatable, and so it's disclosing that, and it's disclosing that it's orange even though it [...]

By |2017-11-07T15:35:25-05:00November 7th, 2017|Uncategorized|Comments Off on Expert Witness in Patent Case: Person of Ordinary Skill in Art (POSA) – a Pitfall