Should the Daubert Rule Be Revised?

Court room trial

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

court house

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

cannabis leaf

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), […]

Fatal Car Crash May Test Florida Expert Rule

Gavel and scales

The new trial of a man who was previously convicted of five counts of vehicular manslaughter and sentenced to 30 years in prison may be the test for how Florida courts apply the recently adopted Daubert standard. The Crash On April 13, 2013, a then-21-year-old Jabari Kemp, was behind the wheel of a Mercedes sports […]

Eighth Circuit Reverses District Judge Who Allowed Expert to Amend a Report

semi truck

Philip Petrone and other named plaintiffs brought a class action lawsuit against Werner Enterprises and Drivers Management. The class consisted of student truck drivers who alleged violations of state and federal wage laws. Specifically, the student drivers argued that they were entitled to unpaid wages for time that they spent on short rest breaks and […]

DNA Expert Testifies in High-Speed Chase and Shootout Trial

police car

A DNA expert has offered “likelihood ratio” testimony in the trial of two co-defendants who are on trial for leading police officers on a high-speed chase through downtown Cheyenne while shooting guns. The Chase On May 3, 2019, Chasity Jacobs and Dominique Childers were arrested following a high-speed chase and shootout that took place in […]

Vermont Prosecutors Seek to Exclude Defense Expert Because He Testifies for the Defense

gun and bullets

Peggy Lee Shores has been charged in Rutland County, Vermont with murdering her husband. The defense argues that David Shores killed himself. Relying on an expert opinion, the defense asked the court to dismiss the charge. The prosecution responded with the uncontroversial argument that conflicts in the evidence should be decided by the jury. The […]

Federal Court Permits Limited Expert Testimony in Credit Reporting Lawsuit

Choosing the Right Expert Means Asking the Right Questions

Amber Cramer sued Bay Area Credit Service and certain other defendants for violating the Fair Credit Reporting Act (FCRA). She relied on two expert witnesses to prove the violations. The U.S. District Court for the Eastern District of Missouri decided that, subject to certain limitations, the experts should be allowed to testify. Facts of the […]

Defense Tries to Bar Expert in Murder Hate Crime Trial

US flag with camouflage cap combat hat

The defense team in the trial of a man who has been charged with a murder and hate crime has filed a motion to bar the testimony of an expert on white supremacy. The Crime In May 2017,  U.S. Army Lt. Richard Collins III, a Bowie State University student, was visiting his friends at the […]