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Chemical Sensitivity Causation Expert Witness Testimony Excluded under Daubert

Ms. Madej brought suit to enjoin roadwork near her house on the grounds that the asphalt used triggered her multiple chemical sensitivity, thus violating the Fair Housing Amendments Act of 1988 and the Americans with Disabilities Act of 1990. Madej, 951 F.3d at *367-68. Due to Ms. Madej’s extreme chemical sensitivity, she had requested that… read more

How to Conduct a Cross-Examination of a Life Care Planner

By James J. Mangraviti, Jr., Esq. The following are some suggestions for how to conduct a cross-examination of a life care planner serving as an expert witness.  Life care planning expert witnesses are used to address the issue of damages in personal injury and medical malpractice cases.  Life care planner expert witnesses are often involved… read more

Are You Prepared for Your Expert Witness Deposition

Steven Babitsky Esq. Your expert witness deposition is crucial in many cases to flesh out the issues ,help determine the value of the case, and your effectiveness as the expert witness. In my opinion, based on 40 years of experience, it is virtually impossible to become a successful expert witness without being able to deliver… read more

Numbered Reasons for Expert Opinions

Steven Babitsky, Esq. Experienced expert witnesses use numbered lists when expressing their opinions. In complex cases, even if the jury doesn’t understand or remember what all the reasons are, they will remember that the expert had multiple reasons supporting his opinion. Let’s take a look at an example of this technique: Q. Have you formed… read more

Remote Deposition of Expert Witnesses

The U.S. District Court N.D. Illinois dealt with a request by counsel for a protective order requiring that the expert’s deposition be conducted remotely due to the COVID pandemic. The court granted the protective order, rejecting the request for an in-person deposition. The court stated: The general concern over the risks posed by COVID-19 are… read more

Physician Consulting Contracts

By Steven Babitsky, Esq. When I work with physicians entering into the consulting field I always suggest that they  have a written consulting contract with their clients. This contract protects both the client and the physician consultant from misunderstandings about the scope,timing and remuneration for the consultant. Important issues that need to be covered in… read more

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