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Root Cause Analysis by Expert Witnesses

Root cause analysis is frequently employed by litigants and expert witnesses to help them determine the root causes of accidents, IT failures, medical malpractice, etc. An excellent article “The Purpose, Process, and Protection of a Post-Accident Root Cause Analysis” appeared in the July 2019 issue of In the Defense. The authors, as the title suggests,… read more

Expert Witness Disciplinary History

Can counsel use evidence of an expert witness’s professional disciplinary history to challenge the expert’s credibility? The Indiana Supreme Court in Tunstall v. Manning, No. 195-CT-18 (Indiana Sup. Ct. June 26, 2019), said a limited yes. The Supreme Court held that the defendant in a personal injury action should have been able to introduce evidence… read more

Daubert and the Significance of Scientific Literature

How important is scientific literature in a Daubert challenge? In Wendt v. Bowerman, No. 343612 (Mich. Ct. App. June 11, 2019), the Michigan Court of Appeals upheld the trial court’s decision to exclude the testimony of an expert whose opinions were unsupported by scientific literature, a decision which led to summary judgment in favor of… read more

Allergist Expert Witness: Not Prepared for Deposition

The U.S. District Court in Massachusetts in the case of Carrozza v. CVS Pharmacy Inc. (July 8, 2019) dealt with a lawsuit against a pharmacy by a plaintiff who suffered an allergic reaction to Levaquin, an antibiotic he was prescribed. The pharmacy dispensed the drug despite a “hardstop” warning in their system indicating that the… read more

Daubert Reliability Findings Required by Trial Judges

In U.S. v. Ruvalcaba-Garcia (5/10/2019), the U.S. Court of Appeals (9th Circuit) considered a defendant’s appeal from a conviction for illegal entry into the U.S. The defendant argued that the trial judge erred by failing to make any findings on the reliability of the government fingerprint experts. The Court of Appeals agreed, stating: Here, the… read more

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