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 […]

New Jersey Court Reverses Order Excluding Causation Experts in J&J Baby Powder Case

Baby powder

Brandi Carl and Dianna Balderrama sued Johnson & Johnson after discovering that they suffered from ovarian cancer. Carl and Balderrama attributed their cancer to their use of Johnson & Johnson Baby Powder. After losing several trials, J&J has stopped marketing the product while continuing to insist that it is not carcinogenic. Carl and Balderrama’s cases […]

Experts Battle Over Legitimacy of Retrograde Extrapolation

Expert Witness

Two toxicology experts are battling over the use of retrograde extrapolation in the trial of a former EMT who is on trial for vehicular homicide. The Accident On July 3, 2018, 37-year-old former EMT and Hamilton County reserve deputy Justin Whaley was driving the wrong way on Highway 111 in Tennessee. Whaley’s vehicle crashed into […]

Pennsylvania Supreme Court Considers Court’s Gatekeeper Role

Pennsylvania Justice

The Pennsylvania Supreme Court has decided a product liability case that required it to reexamine the state’s standards for the admission of expert witness testimony. Walsh’s Death Thomas Walsh served as the groundskeeper and superintendent at several Pittsburgh area golf courses for almost 40 years. His work involved the regular application of pesticides. On October […]

Do Jurors Have an Anti-Science Prejudice Against Expert Witnesses?

Human brain

Expert witnesses justly wonder whether they will need to overcome skepticism that juries may harbor toward witnesses who have special expertise. The view that all opinions are created equal and that expert opinions are “elitist” has gained the acceptance of a surprising number of people. Coupled with the insurance industry’s campaign to disparage legitimate opinions […]

Fingerprint Expert’s Testimony Held Insufficient to Support Conviction

Fingerprint Experts Question Fingerprint Science

Drawing a distinction between “the sufficiency of credible evidence” and “the credibility of sufficient evidence,” an Illinois appellate court recently held that a fingerprint examiner’s expert testimony, no matter how credible it might have been, was insufficient to support a burglary defendant’s conviction. The opinion underscores the need for criminal defense lawyers to counter every […]

The Best Expert Witness Qualities According to Social Science Research

Expert Witness typography

The National Law Review has published an overview of social science studies that seek to answer the question of “what makes your expert witness the best expert witness?” Purpose of the Overview The overview was authored by Clint Townson, Ph.D., who works as a jury consultant at an expert witness search firm. Townson explained that […]

Historian Gives Expert Testimony in Suit Seeking Protection of Confederate Statue

A six-story tall statue of Robert E. Lee overlooks Richmond, the capital of Virginia. Unlike other statues of Confederate figures that once lined Monument Avenue, the Lee statue stands on state property. Virginia’s governor, Ralph Northam, announced in June that he would order the statue removed. Richmond’s mayor, Levar Stoney, agreed with the decision, remarking […]