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The Biggest Mistakes Lawyers Make When Dealing with Expert Witnesses

By Steven Babitsky, Esq. Expert witnesses play an integral part in most litigated cases. Even experienced trial attorneys make common mistakes in their dealings with their retained expert witnesses. The most common mistakes lawyers make may include: 1. Not Retaining the Experts Early On in the Case Counsel who retain their experts after deciding on their… read more

Expert Witness Liability Limited

A federal appeals court (4th circuit) held that expert witnesses are protected by the witness litigation privilege even when they act with malice or ill-will. The court followed the Briscoe Supreme Court case going so far to say: “The witness had an absolute privilege and the plaintiff could not recover even if the witness knew… read more

Conveyor Expert on Standards and Risk Assessments in Conveyor Injury Cases

By: Mark Webster MSME, PE Introduction The most recent edition of the ASME Safety Standards for Conveyors and Related Equipment, AMSE B20.1-2015, now contains a paragraph addressing the need for a formal risk assessment for conveyors and conveyor systems. This article explains the need for risk assessment for conveyors, what the standard recommends, references to… read more

HOW EXPERT WITNESSES CAN IMPRESS RETAINING COUNSEL

By Steven Babitsky, Esq. and James J. Mangraviti Jr., Esq. Introduction One of the most effective ways to impress retaining counsel is to come prepared to the deposition preparation session. Experts who impress counsel with their work ethic, organization, and insight are much more likely to receive repeat business from the attorney. In addition, retaining… read more

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