Expert Witness Blog

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

May 28, 2015

Medical Malpractice: Informed Consent

Expert medical testimony regarding undisclosed medical risks that had not materialized is proper in a medical malpractice informed consent case. The Supreme Court of Tennessee in the case of White v. Beeks No. V07554 (May 18, 2015) dealt with: Ike J. White III, aged nineteen, had suffered from back pain for over a year. His pain affected his mobility and

May 27, 2015

Expert Witness Daubert Exclusion: No New Expert Permitted

The significance of a Daubert exclusion for the expert witness, counsel, and the client cannot be overstated. In the Anthony Payne, v. C.R. Bard, Inc., Bard Peripheral Vascular, Inc., March 31, 2015, the court dealt with the issue of whether counsel should be permitted additional time to designate an expert when his original expert witness was excluded under Daubert. The

May 26, 2015

Expert Daubert Challenge: Valuation Based on Incomplete Data

The Scott Hutchison, Plaintiff v. John R. Parent, Defendant, United States District Court, N.D. Ohio, Western Division, April 27, 2015 case dealt with a Daubert challenge to an expert who offered an alternative business valuation based on admittedly “incompetent data.” The court claimed the Daubert challenge finding that the analysis was in line with the AICPA standards. The court stated:

May 24, 2015

Are Prior Expert Witness Reports Discoverable?

Are expert witnesses required to produce prior expert reports from unrelated cases during discovery? The US District Court in Colorado in CAROL VON SCHWAB, v. AAA FIRE & CASUALTY INSURANCE COMPANY, Civil Action No. 1:14-cv-00183-CMA-NYW, April 21, 2015 held no. The court dealt with an insurance claim due to hail storm event. The court rejected the attempt to force the

May 23, 2015

Expert Witness Rules, Laws and Procedure in Washington

Washington Rules Regarding Expert Witness Depositions and Interrogatories Washington Civil Rule 26(b)(5)(A)(ii) allows a party to depose all experts its opponent expects to call at trial. Washington Rules do not specifically limit the time allowed for the taking of a deposition, but Rule 30(b)(3) states that a court may increase of decrease the allowed time for cause. Experts generally may

May 22, 2015

Expert Witness Rules, Laws and Procedure in Indiana

Indiana Rules Regarding Expert Witness Depositions and Interrogatories There is no general right to depose expert witnesses in Indiana, even those that are expected to testify at trial. However, Rule 26(b)(4)(A)(ii) of the Indiana Rules of Trial Procedure provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the following section, which may include

May 21, 2015

Expert Witness Rules, Laws and Procedure in Virginia

Virginia Rules Regarding Expert Witness Depositions and Interrogatories Rule 4:1(b)(4)(A)(ii) of the Rules of the Supreme Court of Virginia allows for the deposition of experts who are expected to testify at trial. Virginia Rules do not specify a time limit for the taking of depositions, but Rule 4:5(b)(3) provides that the court may increase or decrease the time allowed for

May 20, 2015

Expert Witness Rules, Laws and Procedure in New Jersey

New Jersey Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 4:10-2(d)(2) of the New Jersey Court Rules, experts who are required to furnish reports (as described in the following section) may be subject to deposition as to the opinions stated in their reports. See also Pontidis v. Shavelli, 686 A.2d 1275, 1277 (N.J. Super. Ct. App. Div. 1997). There

May 19, 2015

Expert Witness Rules, Laws and Procedure in Massachusetts

Massachusetts Rules Regarding Expert Witness Depositions and Interrogatories There is no general right to depose expert witnesses in Massachusetts, even those that are expected to testify at trial. However, Rule 26(b)(4)(A)(ii) of the Massachusetts Rules of Civil Procedure provides that, upon motion, a court may order discovery beyond the generally allowed means, discussed in the following section, which may include

May 18, 2015

Expert Witness Bias: Relationship With Counsel

The Louisiana Court in the case of THE ESTATE OF LOUIS D. HAEUSER, v. WESTCHESTER SURPLUS LINES INSURANCE COMPANY, Civil Action No. 13-5631 United States District Court, E.D. Louisiana (March 10, 2015) dealt with a bad faith insurance claim as a result of Hurricane Isaac. The Court denied an attempt to halt discovery of a special relationship between the expert