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
Court Finds Age Discrimination Expert Witness’s Testimony Admissible In Equal Employment Opportunity Commission v. Exxon Mobil Corporation the US District Court for the Northern District of Texas has ruled that an industrial and organizational psychology expert witness possessed statistical expertise and should have his testimony admitted. The Court concluded: The EEOC seeks to… read more
The internet is a powerful tool that can be used to locate expert witnesses. Generally, there are three types of websites where you can find large numbers of expert witnesses. These are: – Expert witness directories – Professional organizations/associations, – And expert witness brokers/locator services. Online Expert Witness Directories Online expert witness directories have rapidly… read more
In Russell v. Whirlpool Corporation the US Court of Appeals for the Eight Circuit has ruled that a fire causation expert witness’s testimony was reliable because of his fire scene investigation expertise and the reliable methodology he used. The Court reasoned: In the context of fire investigations, we have held expert opinions formed on… read more
