How can expert witnesses please retaining counsel while still retaining their integrity, credibility, and viability as experts? Attorney Barry Boise speaking at the SEAK National Expert Witness Conference addressed what attorneys are really looking for from experts: I. Credentials A. Qualifications/Professional Credentials 1. Active practice 2. Knowledge of current events and themes 3. Knowledge of [...]
Are too many expert witnesses being disqualified from testifying at Daubert hearings? The US court of appeals thought so in the case of United Fire and Cas. Co. v. Whirlpool Corp., 704 F. 3d 1338 - Court of Appeals, 11th Circuit 2013. The court reversed the exclusion of a metallurgist who was retained solely to [...]
The US district court (D. Virgin Islands) in the case of, Crowell v. RITZ CARLTON HOTEL (VIRGIN ISLANDS), INC., Dist. Court, D. Virgin Islands 2013 dealt with a discovery dispute. The court, being none too pleased with the lack of cooperation in simply taking a deposition was forced to rule on this discovery dispute. The [...]
What happens when a treating physician “morphs” into an expert witness. The courts have held that the party offering expert testimony of a treating physician must comply with Rule 26(a)(2)(b) and provide opposing counsel with the expert’s report. The court, in Gann v. DYNASPLINT SYSTEMS, INC., Dist. Court, D. Nevada 2013 stated: Defendant also argues [...]
The American Board of Medical Quality (ABMQ) in their policy on medical expert consulting and testifying (#35) states: Physicians should be available to consult with both the defense or plaintiff bar as this enables both physicians and the public to be protected. Dr. Thomas Gutheil will be speaking at the SEAK National Expert Witness Conference [...]
Attorney David Dummer explained that the notes that expert witnesses take are not covered by FRCP 26(b) 4 (B)s protection of drafts. Speaking at the SEAK National Expert Witness Conference he reported that following: ￭ Courts appear to be allowing liberal discovery into the work performed by a testifying expert and may continue to narrowly [...]
Should a forensic pathologist who partially relies on witness statements to formulate his opinion on the sequence of gunshots be permitted to testify? The court, in Fancher v. Barrientos, Dist. Court, D. New Mexico 2014 after a Daubert hearing permitted the testimony. The court stated: Dr. Di Maio testified that the generally accepted diagnostic method [...]
Should an RN with extensive background in medical coding and billing be permitted to testify that only 30% of short-stay admission had adequate documentation to support the in-patient level of care billed to Medicare? A Florida court said yes and rejected the attempt to exclude her testimony. The court, in US v. Halifax Hospital Medical [...]
How far can and should expert witnesses be permitted to go in commenting on the opposing expert and his opinions? The court, in Landis v. HEARTHMARK, LLC, Dist. Court, ND West Virginia 2014 placed strict limits on the sniping between expert witnesses. The court stated: Pending before this Court is Plaintiffs' Motion to Exclude All [...]
Forensic accounting firms across the country are struggling with a new self-created pyramid crisis. These large and middle sized firms have dozens, hundreds or even thousands of CPA's, CFE's CIRA's working on forensic issues. What they do not have is experienced forensic expert witnesses who can testify at depositions, hearings and trials. The pyramid consists [...]