Workers' Compensation Expert Witnesses A significant portion of the Workers' Compensation litigation is now the cross-examination of the Workers’ Compensation AMA Guides expert witness. The Workers' Compensation Expert is almost exclusively a physician testifying about the presence or lack of permanent impairment in the claimant/injured worker. The Workers' Compensation expert witness testifying from the 6th Edition [...]
Trucking Expert Witness Opinion Excluded under Daubert In Call v. Harrison, The U.S. District Court for the Western District of Virginia has held that a trucking expert witness opinion did not meet the reliability threshold imposed by Daubert. The court reasoned: Call offered the expert testimony of a [a Trucking Expert], whose report indicates has [...]
Insurance Claims Expert Witness Found Qualified to Testify In Lucas v. Texas International Life Insurance Company the U.S. District Court for the Eastern District of Oklahoma has ruled that an insurance claims expert witness is qualified to testify on claims under a cancer/dread disease policy or standards for bad faith in Oklahoma. The court reasoned: [...]
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 The Circuit Court’s reasoning from its unpublished opinion is provided below: John Nixon, a professional expert witness on firearm mechanics, [...]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 [...]