District Court Erred by Dismissing Expert Opinions as Conjectural

Election Experts Testify in Virginia Voter ID Case

Camille Sedar parked her car on the ground level of a parking garage at Reston Town Center, where she planned to have lunch with friends. Reston Town Center is a mixed-use development in Reston, Virginia. Patrons who park in the garage must climb up a short flight of stairs before crossing a brick-paved landing and […]

Legislative Committee Passes Bill to End Bad Convictions from Faulty Expert Testimony

Scales, law books

A bill to end wrongful convictions due to faulty expert witness testimony has passed the California Senate Public Safety Committee. SB 243 California Senate Bill 243 is a criminal justice reform bill that was authored by Senator Scott Wiener, a Democrat from San Francisco, and introduced on January 21, 2021. The bill proposes to add […]

Idaho Court Affirms Role as Gatekeeper of Expert Testimony

Idaho Justice Legal System Concept

An Idaho federal district court has affirmed its role as the gatekeeper of expert witness testimony, by granting in part and denying in part a defendant’s motion to exclude expert witness testimony. The Incident Maria Elosu and Robert Brace owned a vacation cabin in McCall, Idaho. The cabin was part of a homeowners’ association called […]

Expert Witnesses in the Derek Chauvin Trial

Police Brutality

Derek Chauvin is on trial in Minnesota for second degree felony murder, third degree murder, and second-degree manslaughter. The charges arise out of George Floyd’s death under circumstances that sparked nationwide protests regarding the use of force against unarmed suspects. Cellphone and bodycam videos establish that Chauvin knelt on Floyd’s neck and that Floyd repeatedly […]

Failure to Request Funding for Expert Violates a Defendant’s Rights

United States Supreme Court Building

The importance of retaining expert witnesses in criminal cases was underscored by a recent decision of the Michigan Supreme Court. The court concluded that defense counsel was ineffective for failing to seek funding for an expert and that the failure was prejudicial to the defense. Hinton v. Alabama The U.S. Supreme Court has made clear […]

Will Lawyers Continue to Depose Experts Remotely After the Pandemic Ends?

Zoom has become a way of life for businesses that conduct interviews or meetings during the pandemic. Courts have used Zoom to conduct hearings remotely to avoid unnecessary gatherings that might spread the virus. Lawyers have relied on technology to take depositions without bringing lawyers, clients, witnesses, and court reporters together in the same conference […]

California Supreme Court Rejects Expert Testimony in “Meal Break Rounding” Case

California Law Legal System Concept

In Donohue v. AMN Services, LLC, the California Supreme Court considered how California’s meal break requirement intersects with rules that permit employers to base wages on “rounded” time. As is common in class action wage claims, both the employee and the employer relied on expert opinions to establish their claims and defenses. Meal Break Rules […]