Testimony

Expert Witness: Credibility Determination

The United States District Court, W.D. Pennsylvania in the case of THOMAS JAMES NEWILL, v. CAMPBELL TRANSPORTATION COMPANY, INC. No. 2:12-cv-1344 dealt with the testimony of the expert Smith on the seaworthiness of a barge. The court found that the expert did not improperly comment on the credibility of witnesses when he stated: Neither men [deckhands Woodling or Ward of

Expert Witness Use Demonstrative Evidence

Experience and successful expert witnesses are now often using demonstrative evidence such as powerpoints, models, videos, animations, photographs, 3D laser data, etc. during their direct examination. This demonstrative evidence needs to be presented to counsel and approved by the Judge prior to its use. Effective demonstrative evidence can turn a dry recitation of the science into a powerful visceral presentation

Direct Examination: The Key to Success for Expert Witnesses

While many expert witnesses and trial attorneys focus their time on prepping for cross-examination, the key to success often lies in a powerful persuasive direct examination. Expert witnesses want to work with retaining counsel to: Humanize the expert. Lay out an interesting and persuasive narrative. Diffuse any damaging information that is likely to arise during cross-examination. Make sure that the

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

Attorney Lance Cooper v. General Motors to Speak at SEAK Expert Witness Conference

Attorney Cooper will review how, through a well-planned direct examination, the expert can reveal her personality, likeability, credibility and deal with potential problem areas and weaknesses.

Attorney Lance A. Cooper’s dogged investigation of the death of Brook Melton while driving a Chevy Cobalt has cost GM over $2 billion to date and has saved countless lives. Attorney Cooper will be a keynote speaker at the SEAK National Expert Witness Conference to be held on April 25-26, 2015 in Washington, DC. Attorney Cooper initially settled the lawsuit

Expert Witness Deposition – Questioned on Fees

One of the things that comes up over and over again, in expert witness depositions, is the amount that the expert witness has been paid.

My name is Steve Babitsky. I’m president of SEAK. I’m here with my partner, James Mangraviti, and we’re going to talking about expert witness depositions. And specifically we’ll be talking about expert witness fees. One of the things that comes up over and over again, in depositions, is the amount that the expert witness has been paid. Expert witnesses to

Cross-Examination of an Expert Witness – Absurd Opinion

VIDEO DEMONSTRATION - what happens if you have an absurd opinion and then have to defend that at a deposition or at a trial.

I’m Steve Babitsky, of SEAK, Incorporated, and I’m here today with James Mangraviti, my partner, and we’re going to be talking about what happens if you have an absurd opinion and then have to defend that at a deposition or at a trial. Jim has graciously agreed to participate in this demonstration, so why don’t we show the demonstration, and

Cross Examination of an Expert – Frontal Attack

VIDEO DEMONSTRATION - As you can see, depending upon the positions that you take as an expert witness you may have to, or you will have to, defend them.

My name is Steve Babitsky, the president of SEAK, and I’m here with my partner Jim Mangraviti and we’re going to be demonstrating a frontal attack on an expert witness. Expert witnessing is not for the faint of heart and those people who become expert witnesses have to be ready to be attacked head on in a frontal assault by

Cross-Examination of an Expert Witness – Boilerplate Language

VIDEO - Demonstration of what happens when you have an expert witness report with too much boilerplate language.

My name is Steve Babitsky, president of SEAK Incorporated, and I’m here today with my partner Jim Mangraviti who has graciously agreed to assist us with a demonstration of what happens if you have an expert witness report with too much boilerplate language. Okay, Mr. Mangraviti, is this your 40 page report? Jim Mangraviti: Yes. Steve Babitsky: And this is

How to Prepare for an Expert Witness Deposition

VIDEO - For an expert witness, the best possible marketing for an expert, is to excel during their expert witness deposition.

I’m Attorney Jim Mangraviti. I’m here with Attorney Steve Babitsky from SEAK, and we’re going to talk today about preparing for your expert witness deposition. Steve, why is it so important for an expert witness to diligently prepare for his or her deposition? Steve Babitsky: Nowadays 97% of all cases are settled prior to trial. So realistically, the main ways