Jury Considers Expert Opinions in Awarding Sexual Assault Damages

A Los Angeles jury apparently accepted the testimony of one expert and rejected that of another in awarding $3 million to each of two boys who were sexually abused by their third grade teacher. The school district that employed the teacher admitted responsibility for the sexual assaults. Negligent Hiring and Supervision Paul Chapel III was […]

Experts Will Guide Jury in First Anti-Spoofing Criminal Trial

Expert testimony is sure to play a key role in the first criminal trial based on the “anti-spoofing” legislation that was enacted as part of the Dodd-Frank Act in 2010. The trial involves allegations that the defendant, Michael Coscia, manipulated the commodities market by placing orders that he never intended to fulfill. The Practice of […]

Expert Musicologists Duel in Big Pimpin’ Copyright Dispute

A federal judge recently dismissed a claim that Shawn Carter (better known to music fans as Jay Z) and Timothy Mosley (a music producer known as Timbaland) infringed a copyright by misappropriating “several notes of flute music” when they created the 1999 hit Big Pimpin’. Jay Z later spent $1 million to shoot a popular […]

Mental Status Testimony of Crime Scene Expert Challenged at Blagg Retrial

Michael Blagg was sentenced to life in prison after being found guilty in 2004 of murdering his wife as she slept. The death occurred in Grand Junction, Colorado. Last year, Blagg was granted a new trial after it was discovered that one of his jurors lied on a juror questionnaire when she claimed never to […]

Texas Cop Killer Sentenced to Death Despite Testimony from Neurology Expert Witness

The capital murder trial of a Texas man accused of shooting a sheriff’s deputy resulted in a death sentence this week despite attempts by the defense team to mitigate the circumstances of the murder with a neuropsychiatrist expert witness.  The defense expert presented testimony to the jury that the defendant may have committed the crime […]

Can Expert Witnesses Be Sued for Careless Opinions?

Like everyone else, expert witnesses sometimes make mistakes. When those mistakes affect the outcome of litigation, they can be costly. In some cases, experts might need to worry that their failure to render a careful and informed opinion will expose them to a lawsuit for negligence. Maritime Experts Sued for Negligence A dispute that illustrates […]

Florida Continues to Debate Standard for Expert Testimony

Gold Scales of Justice on wood table

Until the state legislature decided it was time for a change, Florida followed the Frye standard for the admissibility of expert testimony. The state legislature adopted a rule governing expert evidence that parallels Rule 702 of the Federal Rules of Evidence. Widely known as the Daubert standard, that rule arguably raises the bar for the […]

Expert Medical Examiner Accused of Being Gun for Hire

government assistance for indigent defendants

Can a medical examiner who is employed by the state serve as an expert witness for private parties? Assuming the state imposes no barrier to outside consulting, the question is whether testifying for private parties might create a conflict of interest. The potential peril of acting as an expert witness for private litigants is illustrated […]