New Damages Trial Granted Because Jury Ignored Expert Testimony

Bradley Myers sued Frank Sebastianelli and his business, Ameripride Fence Company, for personal injuries. Myers was employed as a truck driver. He delivered materials to Sebastianelli’s company. The only forklift at Ameripride was inoperable, so Myers attempted to unload the materials by hand. Bundles of pipe were placed on dunnage (similar to landscaping timbers) on […]

Can an Expert Witness in a Criminal Case Give Remote Testimony?

Apple vs Samsung Expert Witness

As the COVID-19 pandemic continues to take lives, courts have been cautious about protecting trial participants from the risk of infection. Many trials have been delayed. When a criminal defendant is detained while awaiting trial, however, judges must weigh the defendant’s right to a speedy trial against the dangers of holding a trial. Criminal trials […]

Prosecutor Receives Qualified Immunity for Flawed Investigation of Bitemark Evidence

Fake

While expert evidence about bitemarks is widely discredited as unreliable, it has played an unfortunate role in assuring the wrongful convictions of innocent defendants. A defendant in Pennsylvania whose conviction was overturned because, (among other reasons) it was based on bitemark evidence, sued the police and prosecutors for building a case against her that they […]

Judges Disagree Whether Expert Testimony Established that Vaccinations Caused SIDS

a doctor and a child

The U.S. Court of Appeals for the Federal Circuit recently considered the testimony of two expert witnesses who disagreed whether vaccinations caused a baby’s death. A majority of the panel that heard the case agreed with the Court of Claims that the parents’ expert witness failed to establish causation. A dissenting judge questioned whether the […]

Maryland Adopts Daubert

In 1978, the Maryland Court of Appeals (Maryland’s highest court) decided Reed v. State. That decision adopted the Frye standard as Maryland’s approach to determining the admissibility of expert testimony. The issue before the Maryland Court of Appeals in the recent case of Rochkind v. Stevenson was whether to abandon the Frye-Reed standard in favor […]

Expert Witness Testimony Improperly Tossed Out

California Law Legal System Concept

A California Court of Appeals has reversed a trial court’s summary judgment order and reinstated a wrongful death lawsuit after it concluded that the trial court had improperly thrown out “clear, reasoned” expert testimony. The Death In October 2013, Marleny Escobar attended her first prenatal appointment with her ob/gyn, Dr. Azmath Qureshi. She complained of […]

Improper Expert Testimony About Fabricated Sexual Assault Allegations Leads to New Trial

Montana

Montana is the latest state to reject the prosecution’s attempt to use expert witnesses to vouch for the credibility of accusers in criminal prosecutions. The Montana Supreme Court recently reversed a sexual assault conviction because an expert witness testified about the percentage of accusers who make false accusations. Facts of the Case Philip Grimshaw was […]

Court Rejects Expert Testimony in Support of Ranked-Choice Voting Challenge

In 2016, Maine became the first state to adopt a ranked-choice voting system for congressional offices. A few states use rank-choice voting in presidential primary elections, while several municipal governments use rank-choice voting in local elections. The Maine system has been tested by a series of lawsuits. The latest challenge relied on an expert’s testimony […]