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 [...]
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 [...]
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 The Circuit Court’s reasoning from its unpublished opinion is provided below: John Nixon, a professional expert witness on firearm mechanics, [...]
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 [...]
Expert Witness Report Example Free Whitepaper: How to Draft a Powerful, Persuasive, and Understandable Expert Witness Report ——————————————————————————————— Below is an example of an expert witness report: The following represents my Rule 26 Report in the matter of Hurt v. Brown & Drecker. It is based on review of materials submitted to me [...]
How to Get Going Providing Expert Witness Services Providing expert witness services is, in a certain sense, a very simple and easy business to get into. The three practical things you will need are: 1) Some experience, knowledge, skill, or training that a litigator may find of use in a case. 2) A curriculum vitae [...]
Types of Expert Witnesses I am often asked who is qualified to become an expert witness. Many qualified people never consider getting into expert witnessing work because “they are not a doctor.” Others may think that their area of expertise is too narrow. Let’s debunk both of these common misconceptions. First of all, you don’t [...]
What is the legal liability of an expert witness The law generally affords certain immunities to an expert witness from civil liability stemming from testimony or communications made in the course of litigation. The law on this subject is somewhat sparse and varies from state to state, but the expert witness should note the following [...]
Role of An Expert Witness Expert witnesses are allowed under the rules of evidence to “help the trier of fact to understand the evidence or to determine a fact in issue” (See Federal Rule of Evidence 702). The trier of fact in a jury trial is the jury and the trier of fact in a [...]
Expert Witness Questions Expert witnesses should anticipate the types of questions which they will face at deposition and during direct and cross examination. The types of questions the expert witness is likely to face while testifying at deposition and during direct and cross examination varies greatly. An expert witness in civil cases is on average [...]