Virginia Court Considers Whether Expert Disclosures Were Timely

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A group of Virginia taxpayers brought a legal action challenging the tax assessments of their property by the County of Northampton and the Town of Cape Charles. The taxpayers relied on expert witnesses to prove that the assessors overvalued their property. The trial court excluded the expert opinions on the ground that the taxpayers failed […]

Exclusion of Expert Opinion About Lost Profits Reversed on Appeal

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Damages for lost profits are notoriously difficult to prove. Judges are often skeptical about projections of profits that were not actually earned. Still, expert evidence can overcome judicial skepticism if the expert bases an opinion about lost profits on an accepted methodology and applies that methodology to the evidence in the case. The California Court […]

Alaska Doctor Cleared of Malpractice Due to Insufficient Expert Testimony

Human brain

An Alaska couple has lost their medical malpractice case against a doctor that they claimed caused the wife’s seizure for failure to support the claim with sufficient expert witness testimony. The Incident On February 6, 2016, William Beistline brought his wife Marcie to the Fairbanks Memorial Hospital emergency room.  She was seen by Dr. Bruce […]

New Trial Ordered After Judge Impermissibly Questions Expert Witness

The American jury trial system is adversarial. The plaintiff presents evidence to prove entitlement to legal relief. The defense challenges that evidence and has the option to present evidence of its own to persuade the jury that relief should not be awarded. Between the two adversaries sits a neutral judge. The role of the judge, […]

Prosecutor’s Improper Disparagement of Defense Expert Deemed Harmless

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Thomas Lee Johnson was convicted of first-degree murder. Weeks after a woman was stabbed to death in her home, Johnson told his ex-wife that he had rented a car, driven to the woman’s home, carried a stun gun into the residence, and confronted the woman. Johnson told his former wife that the woman armed herself […]

Epic Games CEO Calls Apple’s Expert Witness’ Claims “Baloney”

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The legal battle between Epic Games and Apple has heated up with the Epic Games CEO calling the Apple expert witness’ testimony “baloney.” The Dispute Epic Games is the creator of the popular online game Fortnite.  In August, Epic set up its own in-game payments system, which effectively circumvented Apple’s App Store payment system.  This […]

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 […]