Whether you are about to retain an expert witness or about to cross-examine one, you want to learn everything you can about the expert’s experience and background. A new service, Expert Witness Profiler, helps you do exactly that. It provides you with a dossier that covers everything from the expert’s professional background and testimonial history [...]
TAG | experts
A piece I wrote, The Top 10 Expert Rulings of 2009, is published in the e-newsletter of IMS ExpertServices. I review my picks for the year’s 10 most important appellate opinions involving the admissibility of expert opinions and the procedural formalities surround their use. Let me know of others you think I should have included.
Halfway through, 2009 is already shaping up to be a year of significant appellate rulings involving expert witnesses. An article I wrote for the e-newsletter of IMS ExpertServices looks back over the first six months of 2009 and highlights the five most important expert rulings handed down this year — at least so far: Top Five Expert Rulings (So Far) of 2009.
Much is made of the fact that Sonia Sotomayor was a federal district judge before she was named to the federal appeals court. After all, if confirmed to the Supreme Court, she would be the only one of the nine justices to have sat on the trial bench.
The experience of someone who has served as a trial judge would be a worthy addition to the high court, many believe. If so, then one of the bread-and-butter issues in which trial judges get no shortage of experience is the admissibility of expert testimony.
So what do Sotomayor’s appellate opinions on the 2nd U.S. Circuit Court of Appeals tell us about how her trial court experience shaped her rulings on expert witness issues?
I researched the expert-related cases in which she either wrote the opinion or sat on the panel. My analysis is published in the article, Sonia Sotomayor’s Top 5 Rulings on Expert Witnesses, on the Web site of IMS ExpertServices.
The use of expert witnesses in litigation has skyrocketed. Have our ethics rules kept pace? I have posted an article, Proposed: A Lawyer’s Code of Expert Ethics, at the Web site of IMS Expert Services, that sets out a draft of a proposed code. The idea is to generate discussion about whether such a code is needed and, if so, what it should say. I would encourage you to add your thoughts to the discussion so far by posting a comment at the bottom of the article.
Jurors do it. Litigants do it. But when happens when experts do it? The “it” in question is blogging, and the issue is what impact it may have on a trial. While I’ve seen several articles dealing with jurors blogging or litigants blogging, I had not seen any about experts blogging — until now. I wrote a piece,
Expert Blogs: Loose Lips Sink … Trials?, for the e-newsletter of IMS ExpertServices. The article surveys lawyers and experts on the dangers, or not, of expert witnesses with blogs.
The defective ladder is a much-maligned icon of products liability law. But when an engineering expert gives his opinion on why a ladder fell, is his testimony based on observation or science? The answer is important, because it dictates whether a trial court must conduct a gatekeeper hearing under Daubert in advance of the expert’s testimony.
In a recent Connecticut case, Prentice v. Dalco Electric Inc., the trial judge allowed the expert to testify without such a hearing. This was a mistake, the state Supreme Court ruled on appeal, overturning a $1.2 million verdict for the plaintiff.