Maryland AG Names Team to Review Ex-Chief Medical Examiner’s Work

The Maryland Attorney General has selected an independent panel of experts to investigate the police custody deaths that took place during the tenure of the state’s former chief medical examiner, Dr. David Fowler. Fowler’s Judgment Called into Question Fowler served as a key witness in the trial of Derek Chauvin, whose high-profile trial ended with […]

Death Sentence Thrown Out Due to Misleading Expert Testimony

Mental Health

A federal judge has thrown out a death sentence for a man who was convicted of murder due to misleading experts and insufficient investigation into the defendant’s mental health. The Crime In November 2003, Dru Katrina Sjodin, a 22-year-old University of North Dakota student, was abducted while walking to her car after finishing her shift […]

3D Exhibits May Help Jurors Understand an Expert’s Technical Testimony

a 3D printer printing a hand

Lawyers depend upon expert witnesses to convey their opinions in clear language, breaking down complex ideas into digestible portions that juries and judges can comprehend. While words are an expert witness’ primary tool, juries understand evidence more readily when they can visualize a concept. Studies suggest that people are more likely to understand new information […]

Will AI Replace Expert Witnesses?

Code

Will AI Replace Expert Witnesses? Fans of science fiction are familiar with the role that Artificial Intelligence (AI) might eventually play in our daily lives. Even in the present, machines are being programmed to simulate intelligence by learning, adapting, and making reasoned decisions that respond to new situations. Self-driving cars create the illusion of intelligence […]

Late Disclosure of Underlying Data Does Not Bar Damages Expert from Testifying

Plaintiffs in wrongful death cases routinely ask expert witnesses to compute the loss of the victim’s anticipated contributions to a family. The experts generally rely on past earnings as part of their analysis. Whether the belated disclosure of that data renders an expert’s opinions unreliable or otherwise requires exclusion of the expert’s opinion was the […]

The Psychological Impact of Remote Testimony on Expert Witnesses

Zoom Meeting

The latest pandemic surge is causing a new round of trial delays and courthouse closures in some parts of the country. Lawyers can only guess when the “new normal” will arrive. Defining a post-pandemic “normal” may be just as challenging as working during a pandemic. Remote deposition testimony has become common. It took time for […]

USPTO Cannot Shift Expert Witness Fees

Patent law

The U.S. Court of Appeals for the Federal Circuit has issued a precedential decision denying the U.S. Patent and Trademark Office’s request to shift expert witness fees. The Underlying Dispute Gilbert Hyatt is an individual who has filed and litigated many U.S. patents. In 1995 alone, Hyatt filed hundreds of lengthy and complex patent applications. […]

Court Requires Dual-Hat Expert to Produce Materials He Created as a Consulting Expert

Expert Witness typography

Some lawsuits repeatedly showcase the nuances of the federal rules governing expert testimony. The multi-district litigation involving C.R. Bard’s mesh products has produced multiple rulings that offer guidance to lawyers who rely on expert testimony in federal court. The latest ruling sheds light on the circumstances under which dual-hat experts must disclose the materials they […]

Civil Commitments in North Carolina May Require Expert Witnesses to Act as Lawyers

Gavel and Stethoscope on Reflective Table

State laws typically allow the civil commitment of an individual who is dangerous to himself or others because of a mental disease. The procedures that must be followed to secure a commitment order vary from state to state. When the allegedly dangerous person is brought into the mental health system by a police officer, states […]