California Court Limits Admissible Testimony of Ballistics Expert

Tuala Auimatagi is accused of committing two murders in August 2019. The first charge involves a drive-by shooting in West Sacramento. The second shooting took place a week later in Richmond, California. Both victims were shot with a rifle. No eyewitness identified Auimatagi as the shooter in West Sacramento. The only eyewitness to the Richmond […]

Improper Testimony by Expert Witness Did Not Require New Trial in Florida Negligence Case

Beverly Bowers sued Andrew Tillman for negligence. Tillman was driving a truck in Florida that collided with Bowers’ vehicle. Bowers contended that Tillman’s negligence caused painful injuries to her neck and back, including migraine headaches. The defense argued that those symptoms were caused by a preexisting condition. At her initial trial, the lawyers for both […]

Suit Claims Requiring Disabled Attorneys to Present Experts is Discriminatory

A new suit filed in California district court claims that the California State Bar discriminates against attorneys with mental disabilities by requiring them to present expert witnesses to attest to their condition when they are facing discipline. The Requirement The Rules of Procedure of the State Bar of California outlines ten mitigating factors that a […]

Expert from Chauvin Trial to Testify Against Nashville Police Officer

An expert on police use of force who testified against former Minneapolis police officer Derek Chauvin will be allowed to participate in the upcoming murder trial of a Nashville police officer. The Shooting On July 26, 2018, Nashville Metro Police Officer Andrew Delke shot and killed Daniel Hambrick during a foot chase. The chase happened […]

Is It Ethical for a Medical Examiner to Testify for the Defense?

Medical examiners are employed by state and local governments to determine a cause of death. Television shows tend to portray medical examiners as forensic detectives. While medical examiners often find information that helps investigators solve crimes, their mission is simply to determine why someone died. In routine cases, the cause of death is not a […]

Expert Testimony Supported Claim Against Hospital for Negligent Credentialing

The Iowa Supreme Court recently reversed a lower court decision that dismissed a lawsuit against a hospital for negligently credentialing a surgeon. The Supreme Court agreed that an expert’s opinion that the hospital was negligent was admissible and that the opinion entitled the patient to a jury trial in his negligence claim against the hospital. […]

When Must a Summary Witness Testify as an Expert?

Federal courts may allow a summary witness to explain how documents and testimony fit together. The Court of Appeals for the Fifth Circuit recently rejected the argument that a summary witness needed to testify as an expert to explain the government’s case. Facts of the Case Carl Nicholson is a certified public accountant. He was […]

Damages Expert Excluded for Failure to Do Independent Verification

A plaintiff damages expert has been excluded in a false advertising case under the Lanham Act for failure to do any independent verification of the plaintiff’s cost estimates. The Dispute Natera and CareDx are manufacturers of kidney transplant tests. Natera created an advertising campaign aimed at showing that its kidney transplant rejection test is superior […]

New Scam Targets Expert Witnesses

A new scam in the Indiana area is targeting professionals, demanding money for not appearing as expert witnesses in court. The Scam Dr. Allison Bush, a physical therapist, says that she got a phone call from someone claiming to be Sergeant Donald Gilmore from the Vanderburgh County Sheriff’s Office. The caller gave her a badge […]

Federal Advisory Committee Considers Significant Change to Rule 702

After the Supreme Court’s Daubert decision, judges may only admit expert testimony that is based on a reasonable methodology. A question that divides federal courts is whether expert opinions should be admitted if a jury could reasonably regard the expert’s methodology as reasonable even if the judge doesn’t. A federal advisory committee may soon propose […]

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