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 […]

Forensic Pathologist and Other Expert Witnesses Help Innocent Woman Avoid a Return to Prison

Kimberly Long was convicted of murder in 2005. It took years for lawyers, with the assistance of forensic experts, to establish her innocence. Long spent seven years in prison before she was released. The prosecution’s appeal of the order granting her a new trial left her wondering whether she would return to prison for a […]

Priest Deemed Expert in Coded Language Used by Church to Refer to Clergy Sexual Misconduct

Filing suit anonymously, John Doe 122 sued Chaminade College Preparatory and the Marianist Province of the United States for clergy abuse. The key issue in the case was whether the school knew that a counselor had abused other students and disregarded that knowledge when it failed to protect Doe from abuse. Doe offered the testimony […]

Virginia Court Considers Whether Expert Disclosures Were Timely

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

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

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 […]

New Trial Ordered After Judge Impermissibly Questions Expert Witness

The American jury trial system is adversarial. The plaintiff presents evidence to prove entitlement to legal relief. The defense challenges that evidence and has the option to present evidence of its own to persuade the jury that relief should not be awarded. Between the two adversaries sits a neutral judge. The role of the judge, […]

Colorado Supreme Court Allows Police Officers to Testify About Body Language Without Expert Designation

The Colorado Supreme Court has ruled that police officers may testify about how they interpret body language without first being designated as expert witnesses. The Non-Verbal Response A fifteen-year-old student was sent to the school counselor after a teacher expressed concern that the student appeared ill. During his meeting with the counselor, the student explained […]

Prosecutor’s Improper Disparagement of Defense Expert Deemed Harmless

Closeup of a bloody knife with blood dripping

Thomas Lee Johnson was convicted of first-degree murder. Weeks after a woman was stabbed to death in her home, Johnson told his ex-wife that he had rented a car, driven to the woman’s home, carried a stun gun into the residence, and confronted the woman. Johnson told his former wife that the woman armed herself […]

Epic Games CEO Calls Apple’s Expert Witness’ Claims “Baloney”

The legal battle between Epic Games and Apple has heated up with the Epic Games CEO calling the Apple expert witness’ testimony “baloney.” The Dispute Epic Games is the creator of the popular online game Fortnite. In August, Epic set up its own in-game payments system, which effectively circumvented Apple’s App Store payment system. This […]

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