ExpertPages Blog

When Is an Expert Needed to Prove an ADA Disability Claim?

Medical experts often provide evidence that helps injury victims prove their damages. In some litigation, including medical malpractice cases, medical evidence is also needed to prove liability. Is medical evidence needed to prove a claim under the Americans with Disabilities Act? A decision of the Court of Appeals for the Tenth Circuit explains that the […]

Federal Judge Rejects Challenges to Time Warner Experts in TCPA Litigation

Two named plaintiffs filed a federal class action complaint against Time Warner Cable in the Southern District of New York. The plaintiffs alleged that Time Warner violated the Telephone Consumer Protection Act (TCPA), a law that Congress enacted to discourage annoying robocalls. The TCPA makes it unlawful under most circumstances for a company to make […]

Another Shaken Baby Conviction Based on Unreliable Evidence is Reversed

A Mississippi jury convicted Joshua Clark of murdering his four-month-old daughter, Kyllie Clark. That tragic death spawned a tragic prosecution that was based on the discredited diagnosis of shaken baby syndrome. The alleged “syndrome” has been debunked, a reality that too many prosecutors refuse to acknowledge. Prosecution experts continue to testify that they can confidently […]

Expert Designation Issue Loses Med-Mal Case

A California appeals court has affirmed the decision of a trial court in a case where the patient sued a doctor for malpractice, but was unable to present testimony from the doctor who successfully treated her because the doctor was not designated as an expert witness. The Unsuccessful Treatment From 2014 to 2016, Lyudmila Lerner […]

Experts Retained for Jail Overdose Death Case

Expert Witness Report Alleges Negligence in Prison Death

Davis County has retained three expert witnesses to defend claims that its jail personnel were “deliberately indifferent” to a man who died of a drug overdose while in their custody. Death of Gregory Leigh Hayes in Davis County Jail On December 13, 2017, Gregory Leigh Hayes, 33, was brought to Davis County Jail because a […]

Experts Offer Testimony in Shreveport Competency Hearing

The competency hearing of a Shreveport, Louisiana businessman accused of defrauding investors involved the testimony of four expert witnesses who had differing opinions on whether he is competent to stand trial. The Alleged Crimes The U.S. Attorney’s Office Western District of Louisiana charged Shreveport, Louisiana businessman, David deBerardinis, with a five-count indictment that alleged he […]

Pediatrician Cannot Testify that Child Was a Sexual Abuse Victim Based on Child’s Statement

Prosecutors increasingly turn to expert witnesses in their effort to prove that an accuser is telling the truth. Yet experts are not lie detectors. Psychologists and people who purport to be skilled at reading microexpressions might or might not be better than ordinary jurors at determining whether someone is lying, but even polygraph evidence is […]

Should the Daubert Rule Be Revised?

Expert witnesses play a vital role in court. In civil cases. Plaintiffs and defendants both rely upon expert witnesses to persuade jurors that a defendant was or was not liable for alleged wrongdoing. Experts also play a key role in helping jurors assess the damages that should be paid to a plaintiff when a defendant […]

Social Worker Cannot Testify That False Accusations of Child Abuse Are Rare

The Michigan Supreme Court recently decided two consolidated cases in which an expert witness was deemed to have vouched for the credibility of a child who reported a sexual assault. One case, discussed here, addressed a social worker who testified that children “overwhelmingly” do not lie about being sexually abused. The other, discussed in a […]

Legalization to Provide More Work for Drug Recognition Experts

Law enforcement agencies expect that the legalization of cannabis in Illinois will provide additional work for police officers who testify as drug recognition experts. Legalization of Cannabis in Illinois On January 1, 2020, the state of Illinois legalized the purchase of cannabis for recreational use. Under the Cannabis Regulation and Tax Act (410 ILCS 705), […]