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James R. Kopp, M.D. EVIDENCE BASED EXPERT OPINIONS Evidence based medicine is grounded on the principle that physicians should utilize the information available in the literature to assist with treating patients and forming their expert opinions. “Evidence-based medicine (EBM) is regarded as a new paradigm in medical practice, equal in enormity to the human genome… read more

CPA Expert Witness: Novel Damage Analysis Unreliable

CPA Expert Witness: Novel Damage Analysis Unreliable The US District Court South Carolina in The Turfgrass Group Inc. v. Carolina Fresh Farms, Civil Action No. 5:10-cv-00849-JMC March 14, 2013, dealt with a CPA expert using a “novel” damage analysis in a patent case. The court rejected a disgorgement of profits theory stating: Here, Davis renders… read more

Biomechanics Expert Witness on Accident Reconstruction

The court, in Finn v. BNSF RAILWAY COMPANY, Dist. Court, D. Wyoming 2013, dealt with a car accident in Casper, Wyoming. The court rejected the motion to exclude the testimony of the biomechanics expert witness testifying on the issue of accident reconstruction. The court stated: The Court will move directly to the issue of reliability since… read more

Toxicology Expert Witness Takes a Beating on his CV

The court, in BOMBARDIERE v. SCHLUMBERGER TECHNOLOGY CORPORATION, Dist. Court, ND West Virginia 2013, dealt with the proposed expert testimony of a “toxicologist.” The court excluded his testimony in part due to his lack of candor on his CV and also his methodology. The court stated: This Court has serious reservations concerning Dr. X’s qualifications… read more

Tire Expert Witness Defends His Deposition Fee

The US District Court Indiana in the case of, Lopez v. BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, Dist. Court, ND Indiana 2013, dealt with how much was a reasonable deposition fee for a tire expert witness, Bozarth. The court rejected the proposed $3,000 fee finding it was 3x his normal hourly rate. The court rejected the… read more

Court Finds Age Discrimination Expert Witness Testimony Admissible

Court Finds Age Discrimination Expert Witness’s Testimony Admissible   In Equal Employment Opportunity Commission v. Exxon Mobil Corporation the US District Court for the Northern District of Texas has ruled that an industrial and organizational psychology expert witness possessed statistical expertise and should have his testimony admitted. The Court concluded:   The EEOC seeks to… read more

Fire Investigation Expert Witness Testimony Properly Admitted

In Russell v. Whirlpool Corporation the US Court of Appeals for the Eight Circuit has ruled that a fire causation expert witness’s testimony was reliable because of his fire scene investigation expertise and the reliable methodology he used. The Court reasoned:   In the context of fire investigations, we have held expert opinions formed on… read more

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