The Missouri court, in Stanley v. Cottrell, Inc., Dist. Court, ED Missouri 2013, dealt with a professor of mechanical engineering who sought to testifying in a slip and fall case.   The court denied the Daubert motion to exclude his testimony, stating:   It is clear from Dr. Micklow’s C.V. that he has no formal… read more

Neurologists and Neuropsychologists Expert Witnesses and Concussion Litigation A new important article appeared in the legal journal  FOR THE DEFENSE entitled:  “WILL THE NFL’S CONCUSSION POLICY EXPOSE THE LEAGUE TO MASSIVE LIABILITY” The author Attorney Joseph M. Hanna from Buffalo New York explains the rapidly developing game changing science,and some of the key legal issues… read more

Your expert’s opinion must meet the Daubert standard in order to survive a Daubert challenge in federal court or in the states which have adopted Daubert (now a majority of states).  In order for your expert witness to have the best chance to pass the Daubert test, we recommend you suggest to your expert the… read more

Expert witnesses are paid to offer opinions on scientific, technical, or other specialized knowledge that will help the trier of fact, usually the jury. As a result, expert witnesses frequently in personal injury cases opine on what is or is not safe for the public and the person injured.   All too frequently expert witnesses… read more

Radiology Expert Witnesses Discusses Demonstrative Evidence Radiology is a critical component of most medical care. As a consequence of this, legal cases in which individuals are claiming injuries will frequently have imaging studies as a central aspect of the record. Demonstrative evidence can be used as an important instrument in helping to lay the proper… read more

Your case is all too often won or loss based upon expert witness testimony.  Selecting the best expert witness is therefore an important role of a litigator.    The authors recommend the following techniques: See how easy the expert witness is to get on the phone.  Be careful of prospective experts with aggressive gatekeepers.  Note how… read more

Preparing an expert witness for deposition is an important duty of any litigator.  We recommend the following regarding preparing your expert witnesses for deposition.  Note:  The below is reprinted with permission from the text How to Prepare Your Expert Witness for Deposition.   Time spent on preparing your expert witness is usually a good investment… read more

When we train and prepare expert witnesses we explain to them that being a superior expert witness depends more on listening than speaking.  The most effective experts are all excellent listeners.  The following is a simple protocol that you can follow to improve your expert witness’s active listening skills. First, tell your expert to concentrate… read more

Preparing your expert witness for cross examination is an important duty for any trial lawyer.  Indeed, how your expert witness performs during cross-examination may make or break your client’s case.  How well your expert witness performs during cross examination, depends in large part upon how well your expert has been prepared.  We recommend the following… read more