Opinions

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for an Applied Statistics Expert Witness?

This case involves a motion by the defendant to “set a reasonable expert witness fee” for plaintiff’s applied statistics expert witness. Brunarski v. Miami University, No. 1:16-cv-311, 2017 WL 713691 (S.D. Ohio Feb. 23, 2017). The plaintiff’s expert is a Professor at the University of California who has attained his PhD in Earth Science and has additional degrees in Statistics.

What do Courts Consider to be a Reasonable Expert Witness Fee/Rate for a Geodemographic Expert Witness and a Political Science Expert Witness?

In this case, the plaintiff was seeking expert witness fees in the amounts of $5,400 for a Geodemographic Consultant and $27,413.42 for an Associate Political Science Professor from the University of Michigan. Raleigh Wake Citizens Ass’n. v. Wake Cty. Bd. of Elections, No. 5:13-CV-607-D, 2017 WL 4400754 (E.D.N.C. Sept. 29, 2017). The court was charged with finding whether these fees

Forensic Psychiatrists: Daubert Challenges

Forensic psychiatrists are increasingly facing Daubert challenges. In working with expert witnesses and particularly forensic psychiatrists, it has become clear that more and more forensic psychiatrists are being faced with Daubert challenges. The good news for the experts is that many of these challenges ultimately fail. These experts still have to go through the time and effort to assist counsel

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

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

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:  

Groundless Daubert Motion Sanctions and Fees

Increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court.

Attorneys and the expert witnesses they have retained are facing an increasing number of Daubert challenges. While many of these challenges are legitimate, increasingly “Hail Mary” Daubert motions are being filed by counsel. These motions have little or no chance of success, but are a drain on the resources of counsel and the court. What can counsel do when faced

Expert Witness Daubert Do-over: Zoloft

fter one key expert witness was excluded under Daubert the plaintiffs attempted to submit a new expert witness. The defendants objected saying this was a non-permitted “Daubert do-over.”

The United States District Court, E.D. Pennsylvania IN RE: ZOLOFT (SERTRALINE HYDROCHLORIDE) PRODUCTS LIABILITY LITIGATION. No. 12-MD-2342. January 7, 2015 is in the midst of highly contested multidistrict litigation action claiming taking Zoloft during pregnancy causes birth defects. After one key expert witness was excluded under Daubert the plaintiffs attempted to submit a new expert witness. The defendants objected saying