Psychologists who study perception and memory have long understood that eyewitness identifications of criminal suspects are notoriously unreliable. Unfortunately, jurors do not understand the scientific basis for mistaken eyewitness identifications unless they are educated by expert witnesses. In the past, prosecution-friendly judges were inclined to disallow expert testimony with the dismissive observation that jurors already […]

A Postal Service employee needed, and was given, a parking spot that allowed him to load and unload his wheelchair from his van. Remarkably, the Postal Service took away that spot and failed to replace it with one that was suitable for a wheelchair. The Rehabilitation Act is a federal law that protects federal employees […]

Doctors commit malpractice when they breach the standard they should follow when caring for a patient. The applicable standard of care is a matter of expert opinion. Reversing a summary judgment in favor of a doctor, the Georgia Court of Appeals recently emphasized that it is the job of a jury, not the trial judge, […]

Whether experts should be allowed to testify when they have a financial stake in the outcome of litigation is a question that divides courts. In an unusual case, a judge in the Western District of Virginia excluded the expert testimony of a witness who sold a litigation interest in a claim brought by his company. […]

The expert witness list has been publicly released in the murder trial of a former Dallas Police Officer who shot and killed a man in his own apartment after mistaking him for an intruder. The Killing On September 16, 2018, Amber Guyger, 30, was off-duty but in her police uniform when she shot and killed […]

Expert witnesses have finished tangling, at least for the moment, in the North Carolina redistricting dispute. After a narrow majority of the Supreme Court refused to impose constitutional barriers to partisan redistricting, federal challenges to political gerrymandering in North Carolina became impossible to pursue. Challengers are now basing their claims on the state constitution, a […]

A New Jersey federal court judge will determine the fate of almost 12,000 lawsuits that claim that Johnson & Johnson’s talc-containing baby powder causes women to develop ovarian cancer and mesothelioma.  The Lawsuits Plaintiffs from all around the United States have filed lawsuits against Johnson & Johnson, alleging that the talc that is contained in […]