Testing Instruments Used by Forensic Psychologists Criticized as Junk Science

Fake

Psychologists and other mental health professionals give helpful testimony in a variety of contexts. In civil cases, they may testify about the emotional trauma experienced by an accident victim. In family law cases, psychologists determine the fitness of parents seeking child custody. In workers’ compensation cases, they provide opinions about the degree of disability caused […]

Improper Expert Testimony About CSAAS Results in New Trial for NJ Defendant

Ethical Issues in the Legal System

Prosecutors who charge defendants with sex offenses involving minors sometimes base their prosecutions solely on the alleged victim’s testimony. Fearing that a jury will doubt that testimony, prosecutors often bolster their cases with expert witnesses. In some cases, expert testimony is uncontroversial. A physician who examines a child and discovers wounds that were likely caused […]

Former FBI Director Excluded as Expert Witness

A federal judge has excluded the testimony offered by a former FBI Director in the case of the high-profile Volkswagen diesel emissions scandal. Volkswagen Diesel Emissions Scandal Volkswagen installed emissions software on more than 500,000 diesel cars in the United States and about 10.5 million more globally that allowed them to sense when a car […]

Failure to Produce Expert Medical Witness Dooms Lawsuit Alleging Harm from Mislabeled Pills

David Sutton alleged in a lawsuit that he took acetaminophen that had been manufactured by Advance Pharmaceutical. He claimed that the product had been mislabeled as baby aspirin. He intended to take baby aspirin and contended that he experienced severe health problems as the result of taking acetaminophen. Advance Pharmaceutical packages over-the-counter medications for distribution […]

Incomplete Expert Report Leads to New Trial

Gavel and scales

Different states take different approaches to the potential liability of homeowners when someone slips and falls on ice that accumulates on a sidewalk outside the home. In New Jersey, commercial property owners have a duty to keep sidewalks that abut their property safe. Residential homeowners, on the other hand, only have a duty to avoid […]

Appellate Court in NC Malpractice Case Rejects Challenges Based on Expert Testimony

North Carolina

The North Carolina Court of Appeals was asked to decide whether expert testimony justified an “intervening cause” jury instruction when two procedures by different surgeons may have negligently caused a patient’s harm. The court was also asked to decide whether a defense expert gave improper standard of care testimony. The appellate court in Hampton v. […]

Prosecution Undermines Weinstein’s False Memory Witness

The prosecutors in Harvey Weinstein’s criminal trial got the defense “false memory” witness to admit she was not an expert in brain regions, potentially undermining the testimony that she offered in Weinstein’s defense. The Criminal Charges Against Weinstein In May 2018, Manhattan District Attorney Cyrus Vance Jr. charged Weinstein with “Rape in the First and […]

Forensic Pathologist Disputes Autopsy Results

gun and bullets

A forensic pathologist conducted a new autopsy on the body of a woman who was found dead in a vehicle following a chase and police officer-involved shooting. He concluded that the woman was killed by methamphetamine toxicity — not from being shot. The Chase and Shooting In December 2017, Toby Mike Holmes was working as […]

Court Dismisses Product Case Based on Failure to Offer Expert Testimony

Johnson & Johnson has won and lost cases alleging that it markets talc-based products, including baby powder, that cause cancer. The lawsuits typically rely on expert evidence that the talc used to manufacture those products is contaminated with asbestos, a known carcinogen. The company insists that nothing in its products is carcinogenic, a claim that […]