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 [...]
The United States District Court, D. Nevada. In the case of SCOTT L. WALKER, JR., Plaintiff, v. SPIKE'S TACTICAL, LLC, et. al., Defendants. Case No. 2:13-cv-01923-RFB-PAL dealt with the issue of how much of a fee is reasonable for a neurologist expert witness. The case arose out of an injury during the use of a [...]
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 [...]
10 Ways Expert Witnesses Can Protect Themselves From a Successful Daubert Challenge Expert witnesses of all disciplines including accountants, engineers, appraisers, physicians, patent experts, damages experts, etc. are increasingly facing Daubert challenges. In a Daubert challenge opposing counsel will generally file a motion to disqualify the expert witness. This motion to disqualify will allege that [...]
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 [...]
Arkansas Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A)(ii) of the Arkansas Rules of Civil Procedure, any expert expected to testify at trial may be subject to deposition. There is no presumptive time limit for depositions in Arkansas like there is under the Federal Rules and in many other states. Rule 30(d)(2) of [...]
Arizona Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4)(A) of the Arizona Rules of Civil Procedure, a party can depose any expert who might testify at trial, and under Rule 30(d), depositions generally cannot exceed four hours. See also State ex rel. Willey v. Whitman, 370 P.2d 273, 277 (Ariz. 1962) (explaining that [...]
Alaska Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(4) of the Alaska Rules of Civil Procedure, experts whose opinions might be presented at trial may be deposed. Most such experts are required to submit reports under Rule 26(a)(2)(B), and a party may not depose such an expert until this report is provided. Experts [...]
Alabama Rules Regarding Expert Witness Depositions and Interrogatories Under Rule 26(b)(5)(A) of the Alabama Rules of Civil Procedure, a party may generally only obtain discovery of the information and opinions of experts expected to be called at trial by interrogatories directed to the opposing party. Through these interrogatories, a party can require its opponent to [...]
We have noticed an interesting new trend, i.e. more and more lawyers are acting as expert witnesses. Some of these lawyers supplement their legal careers by also acting as expert witnesses while some have left their legal practice behind and are acting as expert witnesses on a full-time basis. The most common areas for lawyers [...]