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EWP allows experts to order a free screening report on themselves

If you are an expert witness and have worked on cases that went to Court, there is a high probability that the opposite party filed a Daubert challenge against your testimony. While many of these challenges may be overruled or don’t get ruled upon at all, it is important for an expert witness to know what, […]

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INABILITY TO CALCULATE MARGIN OF ERROR NO BAR

INABILITY TO CALCULATE MARGIN OF ERROR DOES NOT BAR EXPERT TESTIMONY Introduction In the case of Mark Jones v Harley-Davidson (2016 U.S. Dist. LEXIS 48060 ), the present motion to exclude expert witness of the defendant arises out of a suit for damages involving a motorcycle accident. The plaintiff filed this motion seeking to dismiss […]

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Data Entry Expert Witness

Explaining cell phone connectivity and data entry are not subjects of expert testimony

Introduction In the case of United States v Graham [2015 U.S. App. LEXIS 13653], there was an appeal from the district court conviction. The appellants in this case were accused of a number of armed robberies. Among other things, the appellants contended that expert testimony was admitted erroneously as lay testimony which merited a reversal […]

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Coin grading Expert Witness

Coin grading can be subject of expert testimony under Rule 702

Introduction In the case of United States v Romanov [2015 U.S. App. LEXIS 12937], the defendants appealed against their conviction for charges related to mail and wire fraud. The defendants were in the business of selling coins: the character, purity and re-sale value of which they grossly misrepresented. In the district court, there were two […]

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Translation: Not necessarily word for word to be admitted as evidence

Introduction In the case of United States v Khan [2015 U.S. App. LEXIS 12724], the Court of Appeals affirmed the conviction of Khan on terrorism related charges. In 2011, a grand jury had convicted Khan and sentenced him to twenty five years in prison. He was charged with using his madrassa (or school) in Pakistan […]

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Expert Witness Medical

Differential diagnosis: Scientific methodology required to ‘rule out’ causes

Introduction In the case of United States v Bailey [2015 U.S. Dist. LEXIS 97288], the district court rejected the expert witness of the plaintiff on the ground that the testimony had failed to meet the requisite standard required under Rule 702 of the Federal Rules of Evidence. The Court used the differential diagnosis test which […]

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Ballistic Expert Witness law enforcement

Mere law enforcement experience not enough to act as expert witness

Introduction In the case of Krein v State Police [2015 U.S. Dist. LEXIS 97299], the District Court looked into question of expert testimony in case of application of excessive force by State Troopers in West Virginia. The Court used Rule 702 of the Federal Rules of Evidence to analyze the observations of an ex-law enforcement […]

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Expert Witness

Expert testimony irrelevant to analyze child pornography

Introduction In the case of United States v Silva [2015 U.S. App. LEXIS 12489], the defendant challenged his conviction on the charge of possession of child pornography. He based his challenge on various counts which included an incorrect dismissal of expert testimony. The Court upheld the conviction and held that there was no abuse of […]

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Expert Witness Gang Expert

Testimonial Hearsay, if reasonably harmless, does not require conviction to be overturned

Introduction In the case of United States v Garcia [2015 U.S. App. LEXIS 12141], the defendants were accused of number of crimes relating to shooting, robbery and home invasion. The defendants challenged the district court conviction on various grounds, one of which related to the expert testimony. The defendants contested a certain expert opinion which […]

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Expert Witness Medical

Temporal Proximity not Adequate, need Expert Testimony: holds Court of Appeals

Introduction In the case of United States v Mathison [2015 U.S. App. LEXIS 12272], the Court of Appeals held that the plaintiff’s suit of negligence against the United States government required an expert testimony to support it. The case in question involved loss of hearing due to increase in volume of public address system of […]

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Expert Witness Medical

Medical Expert required to establish Link between Chlorine Leak and RADS in Negligence Suit

Introduction In the case of Higgins v Koch Development Corporation [2015 U.S. App. LEXIS 12491], the US Court of Appeals held that a medical expert was required to prove the causation of the onset of RADS in the plaintiff by the chlorine leak that the plaintiff was exposed to at the amusement park run by […]

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Expert Witness Legal

Excluding expert evidence in connection to witness credibility and self-explanatory evidence

Introduction In the case of United States v Robert McDonnell [2015 US Dist. LEXIS 88874], the Court of Appeals held that exclusion of expert evidence was not abuse of discretion on part of the district court as expert evidence could not be used solely to discredit a witness. In the present case, the Appellants used […]

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Civil Engineering Expert Witness Valuation

Valuation expertise not a prerequisite to assess flood damage

Introduction In the case of Cori Rigsby v State Farm Fire & Casualty Company [2015 U.S. App. LEXIS 12060], the plaintiffs had filed a case against State Farm alleging that State Farm had filed incorrect claims in its role as an assessor in wake of the insurance claims after Hurricane Katrina. The plaintiffs had succeeded […]

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Ballistic Expert Witness Legal

Legal Opinion as Expert Testimony?

Introduction In the case of Garrett Bean v Minerva Alcorta (2015 US Dist. LEXIS 88874), the question arose as to whether legal opinion amounted to an expert opinion. The Court upheld previous decisions of the Fifth Circuit Court in holding that legal opinion did not count as expert opinion. The Court also discussed whether it […]

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Expert Need not opine specifically on the disputes issue

When experts are brought into court proceedings and asked to give their testimony regarding issues in dispute they need not opine specifically on the alleged offence. As long as they are qualified to opine on the particular issue, follow a sound methodology to arrive at the final opinion and present an opinion which proves to […]

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Expert testimony addressing drug trafficking routes in general without referring to the particular knowledge of the defendant not cumulative and prejudicial: Eleventh Circuit

Identification of the routes through which illegal trafficking of commodities take place is essential to determination of the modus operandi of any criminal organization engaged in such acts. The Court of Appeals for the Eleventh Circuit recently had the opportunity of evaluating expert testimony regarding drug trafficking routes in United States of America v. Carlos […]

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Historical expert testimony comprised of out-of-court statements may be admitted if presented in the course of assessing historical facts: First Circuit

Historians may have to play a role as expert witnesses where factual determinations depend on the evaluation of social, political, economic or cultural situations in the relevant past. Like all expert witnesses, historians must satisfy the requirements of Rule 702 of the Federal Rules of Evidence before their testimony can be admitted. The Court of […]

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Expert testimony regarding battered woman syndrome not affecting the question of defendant’s responsibility is not crucial to duress defense: First Circuit

Of the numerous defenses available to a defendant during the course of any particular criminal proceeding, the defense known as the battered woman defense has a special place in the defense pleas taken by someone alleges herself to be a victim of domestic violence. The battered woman defense is a defense used in court that […]

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Medical Expert should be engaged in active clinical practice to give a valid testimony

Testimony of a medical expert would not be accepted by the courts unless the expert meets the necessary qualification that is prescribed by the rules (in this case Rule 9(j) of North Carolina Rule of Evidence 702). One such requirement is to ensure that the expert in question has been engaged for the majority part […]

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Admissibility of an expert testimony should not be confused with its weight

An expert opinion need not be proved to be correct for it to be admitted in the court. So long as it is given by a duly qualified expert (not necessarily a very highly qualified person) and by one who applies a reliable methodology to the facts of the case before affirming an opinion, it […]

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Expert witness may testify only as to the matters disclosed in expert report

Recently, the District Court for the Middle District of Florida (Jacksonville Division) ruled that an expert witness may testify only as to the matters disclosed in his expert report. This observation was made in Leslie Woodruff v. R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. (2015 U.S. Dist. LEXIS 14470). In this case, Leslie […]

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Party bringing expert has to additionally prove expert’s reliability – rules Fourth Circuit

The testimony of a scientific expert witness may be instrumental in tipping a judgment in favour of its proponent but it can nevertheless be excluded if it has the tendency to delude rather than making clear the issue at hand. Moreover, recently the Fourth Circuit, in the matter of U.S.A. v. Ryan Christopher Fultz (2015 […]

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Naprapaths may testify as experts even if licensed to practice in a State outside the one where the cause of action arises

Evidence obtained from health care professionals may be crucial in tort cases involving physical injury, especially on issues such as the proximate cause of the injury and the nature and extent of the same. However, in one such case in the State of Indiana, it became a point of contention whether the deposition of a […]

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Compliance of expert’s methodology with Federal Rule of Evidence 702 and Daubert- a must for including expert’s opinion

The testimony of an expert witness may be excluded in part if the methodology backing his ultimate opinion does not satisfy the standards set forth in the Federal Rules of Evidence, 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. [509 U.S. 579,(1993)]. This was held by the United States District Court for the District of Nebraska – […]

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Expert Testimony based on temporal evidence and differential diagnosis can be admitted if they fulfill certain criteria

ELLA MAY CROSS, et al PLAINTIFFS VS. FOREST LABORATORIES DEFENDANT 2015 U.S. Dist. LEXIS 19730 In toxic tort cases the specialist who is called in as a causation expert is allowed to arrive at his conclusion by availing the method of differential diagnosis as long as it is reliable and established through a scientific method. […]

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Expert opinion can be based on opinions presented by other medical personnel

LARRY D. JOHNSON, Plaintiff, v. STELLA-JONES CORPORATION, Defendant 2015 U.S. Dist. LEXIS 19185 Though it is generally desirable that experts base their opinion on first hand information or their own examination, Rule 703 of the Federal Rule of Evidence also allows them to base their opinion on information received outside of the court as long […]

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Compliance with Rule 26(a) of Federal Rule of Civil Procedure – a sine qua non for inclusion of expert witnesses

Failure to comply with the disclosure requirements of Rule 26(a) of Federal Rule of Civil Procedure results in automatic and mandatory exclusion of the proffered witness “unless the failure was substantially justified or harmless” [Fed. R. Civ. P. 37(c)(1)] ruled the Seventh Circuit in Patrick Novak v. Board of Trustees of Southern Illinois University 2015 U.S. App. LEXIS […]

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District Court for the Eastern District of New York maintains that toolmark and firearm identification is an appropriate subject for expert testimony

Ballistics is the study of the dynamics of projectiles or the study of the internal action of firearms. In most cases, an expert ballistics examiner can identify what type of firearm was used, where it was fired from and how many shots were fired. Ballistics experts attempt to identify a weapon by the markings left […]

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Modus operandi expert testimony that inter alia fulfils the requirements of Federal Rule of Evidence 702 may be admitted, rules Ninth Circuit

Expert testimony of a law enforcement officer that besides being relevant, reflects on the modus operandi of the illegal importation of marijuana, and which does not pose an undue risk either of confusing the jury or creating unfair bias can be admitted in consonance with Federal Rule of Evidence 403 ruled the Ninth Circuit in […]

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Excluding expert testimony not satisfying the foundational reliability standard does not amount to abuse of discretion: Court of Appeals of Minnesota

Criminal trials may see defendants calling expert witnesses for strengthening their plea of innocence or for arguing for diminished responsibility. The case State of Minnesota v. Jay Dean Uldrych (2015 Minn. App. Unpub. LEXIS 209) was an instance where the defendant, accused of second-degree criminal sexual conduct, took the plea that he suffered from a […]

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Expert’s theory regarding the rate of equilibration in a human fetus supported by studies involving sheep fetuses admissible, rules Supreme Court of Kentucky

Neonatology is a subspecialty of pediatrics that consists of the medical care of newborn infants, especially the ill or premature newborn infant. Expertise in the discipline can be instrumental in the context of tort cases involving issues of prenatal injury. Recently, the Supreme Court of Kentucky, in Richard C. Oliphant, M.D. and Louisville Physicians for […]

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Forensic Interviewing

Testimony of a forensic interviewer who is unaware of the circumstances of the particular child abuse case may be admitted: Court of Appeals of Arizona

Forensic interviewing is a first step in most child protective services investigations, one in which a professional interviews a child to find out if he or she has been maltreated. In addition to yielding the information needed to make a determination about whether abuse or neglect has occurred, this approach produces evidence that will stand […]

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Fingerprint Analysis

Courts can use their discretion to exclude expert testimony

The courts have enough discretion to decide upon the reliability of an expert testimony. To gain a reversal of the verdict of the lower court, the resisting party would need to successfully prove to the appellate court that the lower court had misused its power of discretion by basing its opinion on erroneous facts, application […]

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What are the most challenged disciplines?

Since its inception in 2000, the Daubert Tracker, Expert Witness Profiler’s sister company, has been cataloging challenges to the admissibility of expert witness testimony on a discipline by discipline basis.  When required, the Daubert Tracker also assigns a sub-discipline, as well.  For example, the general discipline of Medicine has over 130 sub-disciplines.  However, some disciplines have […]

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Scientific Peer Review of Expert Witness Testimony: Is the World Ready?

  Even before the Frye decision was handed down in 1923, questions have been raised about a judge’s capacity to adroitly evaluate the scientific legitimacy of testimony offered by expert witnesses. In this well-crafted and articulate article published 3/10/2015 in Bloomberg BNA’s Expert Evidence Reporter, Professor David Faigman, Distinguished Professor of Law at University of California Hastings […]

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Software Uncategorized

Expert testimony at odds with evidence held inadmissible

The testimony of a software expert witness may be excluded if it is based on facts that are at variance with the evidence adduced. The United States Court of Appeals for the Sixth Circuit affirmed the decision of the U.S. District Court for the Southern District of Ohio when it excluded the testimony of the […]

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Expert opinion neglecting alternative hypotheses of causation may be excluded: Ninth Circuit

The Ninth Circuit recently upheld the decision of a district court in California which excluded the testimony of two expert witnesses in a toxic tort case. The testimonies had been excluded on the ground that the opinions were not “sufficiently reliable” on the issue of specific causation. The Ninth Circuit, in Michael D. Nelson v. Matrixx […]

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Chemist Expert Witness Marine Safety

Expert testimony admitted after probative value outweighs the danger of prejudice

Expert witness testimony needs to be formed on the basis of a scientific, technical or other specialized knowledge and not on mere speculation or belief of an expert. If the opinion satisfies this first criterion, it is usually put to test on another aspect – whether its probative value could be outweighed by a potential unfair […]

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Special Anniversary Pricing on Expert Witness Profiles

    15% off on all our products We just turned SIX and it wouldn’t have been possible without you! As a token of our appreciation, we have reduced our prices by 15% through February.  Click here to login and place your order. Revised Pricing for February 2015 Expert Witness Profile Was: $495 | Now: […]

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Confessions of a Daubert Tracker EWP Forum

Challenges to the Admissibility of Expert Testimony:  How Concerned Should Experts Be?

Life after Kumho It was March 23, 1999, the day the Kumho Tire v. Carmichael decision was released by the U.S. Supreme Court. It was a day that would “live in infamy” for professionals who derived a large portion of their income testifying as expert witnesses.  The federal judge’s gatekeeping role defined in Daubert now was expanded to all expert testimony proffered under Rule […]

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1049 experts added to the Daubert Tracker (October 2014 Update)

The Daubert Tracker is America’s largest database of challenges to expert testimony. In the month of October 2014, we added challenge information involving 1049 different expert witnesses. Here’s the list of names and disciplines of these expert witnesses. An inclusion in the Daubert Tracker does not mean that the expert has been excluded under Daubert/Rule 702. […]

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Expert Witness Mechanical Engineering

Ipse Dixit and analytical gap haunt yet another expert witness

Ipse dixit is the Latin term for “He, himself, said it.”  In ipse dixit, there is a presumption that the speaker is making an arbitrary assertion and expects the listener to accept it without question.  An expert witness’ use of and reliance upon an ipse dixit assertion, in the absence of other substantive bases for an opinion, often leads to an […]

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Expert Witness Seat Belts

Improper exclusion of expert testimony leads to reversal on appeal

Expert witness testimony plays a pivotal role in trial litigation. While the exclusion of an expert can be a fatal blow to the retaining party, an improper exclusion may lead to reversal of the decision on appeal. The 9th Circuit recently reversed the district court’s grant of summary judgment on the ground that the district […]

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EWP Forum Interviews

Interview with Mark Torchiana, CEO of Courtroom Insight

As with any field of human endeavor, the field of law firm knowledge management continues to evolve and become increasingly specialized. With enormous advances in the areas of e-discovery, document search technology and even in the Internet itself, each advance seems to spawn a new approach never before considered or even technically possible. A perfect […]

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EWP News Expert Witness Due Diligence Preliminary Screening Reports

Preliminary Screening Report lets attorneys know the number and types of documents which may be available on an expert witness

It is inarguable that in today’s “battle of the experts” litigation milieu, expert witness due diligence is critical and becoming more so every day.  That said, some attorneys approach the task with great casualness and, in some instances, even neglect.  Others go to great lengths to conduct intensive research on an expert’s background- and may […]

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EWP News

Welcome to the Expert Witness Profiler Blog

Dear Experts and Attorneys, We have set up this blog to keep you informed about our company, new developments and the latest news and commentaries from the world of expert witness research.