Sixth Circuit Upholds Admission of Shaky Expert Testimony Regarding Lost Profits

Lost profits are almost always a difficult element of damages to prove. Expert testimony is essential, but courts that employ the Daubert test will not admit an expert’s opinion about lost profits unless it is based on a reliable methodology. A recent decision from the United States Court of Appeals for the Sixth Circuit, however, […]

Expert Witness Featured in Movie Concussion

The movie Concussion opened on Christmas Day. Concussion tells the story of Dr. Bennett Omalu’s impact on professional football. Dr. Omalu (played in the movie by Will Smith) is a forensic pathologist who is credited with discovering chronic traumatic encephalopathy (CTE), a degenerative brain disease that afflicts people who have experienced multiple concussions and other […]

Prosecutor Accused of Improperly Influencing Expert Witness

Jane Laut is charged with killing her husband, Dave Laut, a 1984 winner of an Olympic bronze medal in shot-putting. Prosecutors allege that Laut shot her husband at their Oxnard, California home on Aug. 27, 2009. At least at this stage, Laut’s likely defense appears to be that she suffered from battered women’s syndrome, a […]

Florida Attorneys Resist Change in Expert Witness Admissibility Rules

businessman signing a contract

Attorneys in Florida recently submitted a recommendation to the state Supreme Court requesting the judiciary refuse a legislative directive to increase scrutiny on expert witnesses.  The recommendation and accompanying report submitted by the Florida Bar association highlights an ongoing debate about the proper standard for evaluating and admitting expert testimony in court. Florida’s Expert Testimony […]

Expert Testimony Improperly Excluded in Securities Fraud Trial

A federal jury in Connecticut convicted Jesse Litvak of multiple crimes, including securities fraud, making false statements to the United States government, and defrauding the government. A recent decision of the U.S. Court of Appeals for the Second Circuit concluded that Litvak should receive a new trial on the securities fraud counts because the District […]

Tom Brady Relies on Experts to Challenge “Deflategate” Suspension

Experts are weighing in on “Deflategate,” the name the media have bestowed upon the allegedly conspiratorial events that resulted in Tom Brady’s four game suspension from the NFL. The initial investigation of underinflated footballs relied heavily on expert opinions. Brady also relied on an expert when he appealed his suspension to NFL Commissioner Roger Goodell. […]

Medical Malpractice Trial in Maine Hinges on Expert Testimony

Whether a jury in Maine will believe that Dr. Larry Labul committed medical malpractice while caring for 84-year-old Maxine Turner will likely depend upon how they evaluate the testimony given by competing medical experts. Their differences of opinion could not be more sharply drawn. Malpractice Allegations A wrongful death lawsuit filed by Maxine Turner’s estate […]

Experts Testify in Heather Sims Murder Trial

Heather Sims’ murder trial has relied heavily on expert testimony. She was charged with shooting her husband to death in their home near Myrtle Beach, South Carolina. She testified that her husband, David Sims Jr., stabbed her in the stomach with a kitchen knife and cut her arm before she shot him in self-defense. David […]