Expert Witnesses Properly Barred After Removal of Case from State to Federal Court

Court

After a case is removed from state court to federal court, the federal rules of evidence apply. A federal appellate decision regarding a lawsuit that was filed in Massachusetts makes clear that lawyers cannot expect to be rescued by reliance on state rules when they fail to make the expert witness disclosure required by federal […]

Scope of Health Expert Testimony in Dispute in Opioid Trial

Pills

The scope of a health expert’s testimony is a matter of heated contention between the parties in a landmark federal opioid trial. The Dispute The Cabell County Commission and the City of Huntington in West Virginia claim that three wholesale drug companies, McKesson, Cardinal Health, and AmerisourceBergen, should be held accountable for the costs of […]

Maryland Investigating All Police Custody Deaths Examined by Chauvin Expert Witness

young man swearing an oath, crossing his fingers in his back

Dr. David Fowler gained national attention — most of it unfavorable— when he testified as a defense expert in Derek Chauvin’s trial. Chauvin was convicted of murdering George Floyd by kneeling on his neck for more than nine minutes, preventing an adequate supply of oxygen from reaching his heart. Prosecution experts testified that Chauvin’s actions […]

Virginia Court Considers Whether Expert Disclosures Were Timely

Virginia court gavel

A group of Virginia taxpayers brought a legal action challenging the tax assessments of their property by the County of Northampton and the Town of Cape Charles. The taxpayers relied on expert witnesses to prove that the assessors overvalued their property. The trial court excluded the expert opinions on the ground that the taxpayers failed […]

Exclusion of Expert Opinion About Lost Profits Reversed on Appeal

dollar bills

Damages for lost profits are notoriously difficult to prove. Judges are often skeptical about projections of profits that were not actually earned. Still, expert evidence can overcome judicial skepticism if the expert bases an opinion about lost profits on an accepted methodology and applies that methodology to the evidence in the case. The California Court […]

Alaska Doctor Cleared of Malpractice Due to Insufficient Expert Testimony

Human brain

An Alaska couple has lost their medical malpractice case against a doctor that they claimed caused the wife’s seizure for failure to support the claim with sufficient expert witness testimony. The Incident On February 6, 2016, William Beistline brought his wife Marcie to the Fairbanks Memorial Hospital emergency room.  She was seen by Dr. Bruce […]