Late Disclosure of Expert Witnesses in Divorce Trial Leads to Order Barring Their Testimony

Jeffrey and Julie Nelson were involved in a divorce proceeding that lasted longer than their four-year marriage. After five earlier appeals from provisional orders pending the final hearing, an appeal of the final outcome was seemingly inevitable. One of the sticking points involved the value of Jeffrey’s interest in oil leases. Julie testified about Jeffrey’s […]

Judge Pauses Trial After Hearing Expert Testimony About Fluoridation of Drinking Water

Conspiracy theories sometimes overcome facts in the minds of those who are inclined to believe them. Few public policies have been attacked by conspiracy theorists as persistently as fluoridation. Yet modern science raises legitimate questions about the risks and benefits of fluoridating water. During the 1950s and into the 1960s, a popular conspiracy theory convinced […]

Utilizing Handwriting Experts: They’re Only as Good as the Samples You Provide

A forensic document examiner is better known as a handwriting expert. They come into play when one person says that another person signed some document — a contract, a lease, a will, a power of attorney, a promissory note, etc. — but the second person, or his or her representative, denies that he or she […]

Florida State Attorney Releases “Brady Alert List”

Orange-Osceola, Florida State Attorney Aramis Ayala has released a new database that identifies experts that have credibility issues. This database is called the “Brady Alert List.” Ayala created this database to have a centralized list of witnesses who appear in court on a recurring basis and who have engaged in criminal behavior, misconduct, or dishonesty. […]

How to Conduct an Online Deposition of an Expert Witness

Social distancing makes cramming at least four (deposing attorney; other side’s attorney; expert witness; court reporter) and often more people into a conference room for hours on end inadvisable, even when it’s legal (i.e. when your state’s executive orders aren’t outright banning having so many unrelated persons in a room together). We don’t know how […]

Judge Recommends New Trial for Missouri Man Whose Conviction Rested on Recanted Expert Testimony

Donald Nash was convicted of capital murder in 2009 by a Missouri jury. He was sentenced to 50 years in prison without parole. Since Nash is now 78 years old, Nash was effectively sentenced to life in prison. His life might be shortened by the COVID-19 outbreak in the prison where he is incarcerated. Nash […]

No Expert Needed for Improper Morphine Injection Claim in Nevada

The Nevada Supreme Court has ruled that the “common knowledge” exception to the affidavit requirement for professional negligence claims against a health care provider can be applied to determine whether a claim constituted negligence. The Accidental Death Mary Curtis was a resident at Life Care Center of Las Vegas nursing home. Life Care Center was […]

Court Requires Disclosure of Memorandum Discussing Expert’s Methodology

Choosing the Right Expert Means Asking the Right Questions

In most cases, a retained expert must prepare a report that states the expert’s opinions, as well as the facts and reasoning that supports those opinions. Yet expert reports do not appear out of the blue. Experts may labor over the report for weeks, treating them as works in progress that evolve over time. The […]

No Expert Testimony Required to Prove Negligent Supervision of Massage Provider Who Sexually Assaulted a Customer

As a general rule, expert testimony is required to prove the liability of a healthcare provider for negligence. That rule is typically enforced in medical malpractice cases alleging that a doctor harmed a patient by breaching a duty of care. The injury victim must use an expert witness to establish the duty of care because […]

Georgia Court Says No Conflict in Same Firm Expert Affidavit

The Georgia Court of Appeals has ruled that there is no conflict of interest in using an expert affidavit supporting a complaint written by an attorney who is also a law partner of the filing attorney. The Personal Injury Case Plaintiff David Mitchell retained attorney Randall Cade Parian of Parrian Injury Law, LLC to represent […]

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