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Are You a “Difficult” Expert Witness?

Trial lawyers are writing about and teaching other lawyers how to cross-examine “difficult” expert witnesses. “Difficult” expert witnesses are identified as experts who may be likeable, persuasive, arrogant, combative, or aggressive. Attorney Lynn P. Pruitt and Lauren S. Grinder writing in the January 2020 issue For the Defense made these suggestions: Prepare, prepare, and prepare…. read more

101 Million Dollar Verdict: Medical Malpractice

How many expert witnesses does it take to present a serious medical malpractice claim? A Chicago Cook County jury awarded the record-breaking verdict for the family of 5 year old, Gerald, who suffers from severe brain damage. The mother, who was diagnosed with preeclampsia, had to wait several hours before she was placed on a… read more

Expert Charging $1850 per Hour Excluded from Testifying

Why would the court in the civil litigation arising out of the Volkswagen’s diesel emissions scandal exclude former FBI director Louis Freeh from testifying? Attorney Freeh, who was paid $50,000 for writing his report, and was charging $1850 per hour for court time, was excluded from testifying after a Daubert hearing. The court found the… read more

Daubert: Life Care Planner Nurse Practitioner

The U.S. District court S.D. Illinois dealt with a Daubert motion to exclude the nurse practitioner, White, and her life care plan. The court made short shrift of the portion finding White qualified and her methodology did not deviate from accepted LCP methodology. The court stated: Carol White is a nurse practitioner who has offered… read more

Expert Witness Practice Reviews

Steven Babitsky, Esq. What is a practice review? An expert witness practice review consists of a consultant looking at everything the expert(s) is doing and not doing in their practice. This holistic look can include a review of: Curriculum Vitae Webpage Sample report(s) Deposition transcript(s) Retention agreements Fees, billing, and collections Marketing efforts Forensic income… read more

Daubert: Expert Need Not Be Undisputedly Correct

The US District Court N.N. Oklahoma in Teel v. United States of America dealt with a medical malpractice case arising out of treatment at the Claremore Indian Hospital (CIH). The plaintiff alleged failure to diagnose and properly treat his prostate cancer. The defendant filed a Daubert challenge against plaintiff’s expert Milsten alleging: …defendant challenges Dr…. read more

Oil and Gas Expert Witness on: Site Inspections After Fires, Explosions, and Chemical Releases

Components of Fires, Explosions, or Chemical Releases Natural gas, petroleum oil or hydrocarbons including gasoline, diesel, heating oil, and jet fuel, LNG, LPG, coal, ethanol biofuels, chemicals, fertilizers, reactive gases, metals, electrical systems, equipment, and warehousing activities may be components of industrial or utility fires, explosions, or chemical releases. The Importance of the Site Inspection… read more

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