Expert Witness Blog
Practical guidance for expert witnesses — testimony, report writing, depositions, fees and building a successful practice.
January 9, 2013
Expert Witness Preparation
Proper expert witness preparation is critical and is your job as retaining counsel. We recommend the following protocol for preparing an expert witness for a deposition:
Expert Witness Preparation for Depositions Attorneys should understand how to prepare an expert witness for deposition. Proper expert witness preparation is critical and is your job as retaining counsel. We recommend the following protocol for preparing an expert witness for a deposition: Obtain past deposition transcripts of your expert witness and opposing counsel. Schedule the deposition for a favorable time
Read moreJanuary 4, 2013
What Lawyers are Looking for When Selecting and Retaining an Expert Witness
The skills and attributes attorneys are looking for when retaining expert witnesses can be broken down into 10 major abilities...
What Lawyers are Looking for When Selecting and Retaining an Expert Witness We at SEAK Inc. have conducted independent research gathered from trial attorneys across the United States on what they are looking for when selecting and retaining an expert witness. The skills and attributes they are looking for when searching and retaining expert witnesses can be broken down into 10 major
Read moreJanuary 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
Read moreDecember 28, 2012
Workers’ Compensation and AMA Guides Expert Witnesses
The Workers' Compensation expert witness testifying from the 6th Edition of the AMA Guides is vulnerable to cross-examination in numerous areas including:
Workers’ Compensation Expert Witnesses A significant portion of the Workers’ Compensation litigation is now the cross-examination of the Workers’ Compensation AMA Guides expert witness. The Workers’ Compensation Expert is almost exclusively a physician testifying about the presence or lack of permanent impairment in the claimant/injured worker. The Workers’ Compensation expert witness testifying from the 6th Edition of the AMA Guides is vulnerable
Read moreDecember 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
Read moreDecember 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
Read moreDecember 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
Read moreDecember 22, 2012
Packaging Engineer Expert Witness’s Opinion On Commercial Motor Vehicles Found Not Based Upon a Reliable Methodology
US District Court for the Northern District of Indiana has ruled that a packaging engineer’s opinion based upon his claimed experiences without further explanation was not based upon a reliable methodology
Packaging Engineer Expert Witness’s Opinion On Commercial Motor Vehicles Found Not Based Upon a Reliable Methodology In Morris v. Ford Motor Company the US District Court for the Northern District of Indiana has ruled that a packaging engineer’s opinion based upon his claimed experiences without further explanation was not based upon a reliable methodology. The Court reasoned: Morris insists that
Read moreDecember 20, 2012
Email Statements Concerning Firearms Expert Witness Found Not to Be Defamatory
The 7th US Circuit has affirmed a summary judgment ruling against a firearms expert witness who had sued for defamation.
Email Statements Concerning Firearms Expert Witness Found Not to Be Defamatory The 7th US Circuit has affirmed a summary judgment ruling against a firearms expert witness who had sued for defamation. The case is NIXON v. HAAG. The Circuit Court’s reasoning from its unpublished opinion is provided below: John Nixon, a professional expert witness on firearm mechanics, appeals the grant of summary
Read moreDecember 19, 2012
How to Draft an Expert Witness Disclosure or Expert Witness Declaration
Expert witness disclosures should be carefully drafted as these can be used against the expert witness in the case at hand or other future cases.
Free Whitepaper: How to Draft a Powerful, Persuasive, and Understandable Expert Witness Report Depending upon the jurisdiction, expert witnesses may be required to draft and sign an expert witness disclosure or expert witness declaration. The expert can find out what the disclosure or declaration needs to contain by asking retaining counsel. Expert witness disclosures should be carefully drafted as these disclosures can
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