California Bill Would Improve Quality of Forensic Evidence in Criminal Cases

The quality of forensic evidence used in support of criminal prosecutions has been a subject of continuing controversy. In response to a 2009 report by the National Academy of Sciences that criticized the state of forensic science, the Obama administration asked the President’s Council of Advisors on Science and Technology (PCAST) to identify actions that […]

Expert Witness Report Rule Relaxed in Expedited Litigation

A Virginia district court has relaxed the expert witness report rule in the case of expedited litigation. The Abduction Bryce Gerald Randall Nowlan and Nina Lynn Nowlan were married and had a daughter, “AEN.” Bryce Nowlan is a Canadian citizen who resides in Canada. Nina Nowlan is an American citizen who currently resides in Virginia. […]

Pratt & Whitney Wants Experts Disqualified in $1 Billion Soil Toxins Suit

An aerospace and defense company wants a Florida federal judge to disqualify the expert witnesses presented by property owners who have accused it of contaminating their water supply and devaluing their homes. The Lawsuits Five married couples who have children who are members of a pediatric brain tumor cluster designated by the Florida Department of […]

Does the CSI Effect Hurt Prosecutors Who Don’t Rely on Expert Witnesses?

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It has become an urban legend, at least among prosecutors, that jurors have been conditioned by the CSI franchise (CSI: Crime Scene Investigation, CSI: Miami, CSI: NY, and CSI: Cyber) to expect guilt to be proved beyond doubt by forensic evidence. Prosecutors fear that they will lose cases if they try to prove guilt the […]

Georgia Supreme Court Hears Argument on Paying Expert Witness Fees for Defendant with Private Attorney

The Georgia Supreme Court has heard oral argument of the issue of whether Georgia’s Indigent Defense Act allows for public funding for expert witnesses when a defendant is represented by a private attorney. The Crime In October 2005, high school teacher Tara Faye Grinstead was reported missing. Her disappearance remained a mystery until 2017, when […]

Texas Law Firm Claims Allstate Uses Unqualified Experts to Drive Up Litigation Costs

A Texas law firm has filed a class-action complaint, claiming that Allstate Fire and Casualty Insurance Company has been using unqualified expert witnesses to drive up litigation costs. The Complaint The Estes Law Firm is a Texas law firm that practices personal injury law. Estes Law claims that Allstate has been putting forth unqualified expert […]

Police Captain Who Testified at Rodney King Trial to Testify in George Floyd Case

The retired Los Angeles police captain who testified that the officers did not use excessive force in the Rodney King trial is set to testify as a defense expert in the upcoming George Floyd trial. George Floyd Case On May 25, 2020, George Floyd, who was a black man in handcuffs, died after Derek Chauvin, […]

Expert Testimony Inadmissible in Case Alleging Misbranding of Drugs Administered to Racehorses

Can a defendant who is charged with misbranding drugs that were administered to racehorses offer expert testimony that the drugs were not performance enhancing? The Court of Appeals for the Third Circuit held that the expert testimony was inadmissible. Misbranding Drugs Pennsylvania has a law that prohibits administering nearly all drugs to a horse during […]

Seventh Circuit Permits Police Officer to Testify as Drug Jargon Expert

The odds of admitting expert testimony are stacked against defendants in criminal cases. An analysis of federal criminal prosecutions found that judges almost always admit expert testimony offered by prosecutors but usually disallow the expert testimony of defense experts. Prosecutors commonly rely on police officers to provide expert testimony. While the officers are not allowed […]

Retired Doctor Could Not Act as Expert Witness in Alabama Malpractice Trial

Janice McGill had surgery to relieve pain in her temporomandibular joint (TMJ). Dr. Victor Szymela replaced the joints in her jaw with prosthetic joints. He assured her that the excruciating pain she felt after the surgery would lessen with time. It did not. The surgery also worsened her overbite and failed to correct the “popping” […]

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