Late Disclosure of Underlying Data Does Not Bar Damages Expert from Testifying

Plaintiffs in wrongful death cases routinely ask expert witnesses to compute the loss of the victim’s anticipated contributions to a family. The experts generally rely on past earnings as part of their analysis. Whether the belated disclosure of that data renders an expert’s opinions unreliable or otherwise requires exclusion of the expert’s opinion was the […]

The Psychological Impact of Remote Testimony on Expert Witnesses

Zoom Meeting

The latest pandemic surge is causing a new round of trial delays and courthouse closures in some parts of the country. Lawyers can only guess when the “new normal” will arrive. Defining a post-pandemic “normal” may be just as challenging as working during a pandemic. Remote deposition testimony has become common. It took time for […]

USPTO Cannot Shift Expert Witness Fees

Patent law

The U.S. Court of Appeals for the Federal Circuit has issued a precedential decision denying the U.S. Patent and Trademark Office’s request to shift expert witness fees. The Underlying Dispute Gilbert Hyatt is an individual who has filed and litigated many U.S. patents. In 1995 alone, Hyatt filed hundreds of lengthy and complex patent applications. […]

Court Requires Dual-Hat Expert to Produce Materials He Created as a Consulting Expert

Expert Witness typography

Some lawsuits repeatedly showcase the nuances of the federal rules governing expert testimony. The multi-district litigation involving C.R. Bard’s mesh products has produced multiple rulings that offer guidance to lawyers who rely on expert testimony in federal court. The latest ruling sheds light on the circumstances under which dual-hat experts must disclose the materials they […]

Civil Commitments in North Carolina May Require Expert Witnesses to Act as Lawyers

Gavel and Stethoscope on Reflective Table

State laws typically allow the civil commitment of an individual who is dangerous to himself or others because of a mental disease. The procedures that must be followed to secure a commitment order vary from state to state. When the allegedly dangerous person is brought into the mental health system by a police officer, states […]

Defense Expert Disqualified for Insufficient Credentials

A defense expert in a capital murder case has been disqualified for insufficient credentials. The Crime On January 13, 2018, Dr. Shauna Witt, an optometrist, was seeing a patient at a Walmart Vision Center in Starkville, Mississippi. Her ex-boyfriend, William Thomas “Tommy” Chisholm, entered the store and proceeded into a patient room. Dr. Witt told […]

The FTC Is Searching for Expert Witness

FTC

Expert witnesses are in short supply at the Federal Trade Commission after Carl Shapiro, an economist who teaches at the University of California – Berkeley, declined to participate in the FTC’s antitrust suit against Facebook. Facebook Litigation In December 2020, the FTC sued Facebook for engaging in anticompetitive practices. The FTC alleged that Facebook has […]

Expert Testimony May Be Necessary to Counter ShotSpotter Evidence

The latest technology to capture the attention of law enforcement is called ShotSpotter. The manufacturer claims that hidden microphones installed in neighborhoods can tell the difference between gunshots and other loud noises. Rather than waiting for someone to report a shooting, police agencies that rely on the technology dispatch officers to the location where the […]