Vocational Disability Expert Witness Testimony Excluded as Outside of Medical Expertise In Ashford v. Wal-Mart Stores, LP the US District Court for the Southern District of Mississippi has ruled that a neurosurgeon expert witness was not qualified to testify about a plaintiff’s occupational opportunities. The Court reasoned that: It is not apparent that… read more
Neuropsychologist Expert Witness: Detection of Malingering Three recently published articles in the Journal of Clinical Psychology are very helpful when dealing with the issue of the detection of malingering. In the most recent March 20, 2013, Differences in MMPI-2 FBS and RBS Scores in Brain Injury, Probable Malingering, and Conversion Disorder Groups: A Preliminary… read more
There are several types of cases where firearms expert witnesses are typically involved. I. The firearm is claimed to have discharged unintentionally, without the user pulling the trigger. II. The firearm or an unsupported cartridge has exploded. III. The position of the shooter and or target is in dispute, and… read more
Potential Questions for a Patent Expert Witness Patent litigation is often heavily dependent on expert witnesses. Indeed, patent litigation often becomes a battle of the experts. Below are over 25 potential questions for an intellectual property expert witness. Just what is the idea? Can the idea be distilled into a single sentence? A single image?… read more
Potential Questions for a Firearms Expert Witness Below are over 50 potential questions that may be asked of an expert witness on firearms at deposition. Who owned the firearm? Who was the shooter? Was the person trained in the use of that firearm? What is the age of the persons involved? Are any of them… read more
Many expert witnesses make the mistake of thinking that the best way to expand their expert witness practice is developing a slick, expensive web site designed by someone who is used to selling products or services to the general public. Due to the nature of the expert witness marketplace, this approach is usually a waste… read more
Appraiser Expert Witness Misuse of Data What are the most common ways appraiser expert witnesses misuse data in formulating their opinions? Jack Friedman, PhD, ASA, CPA/ABV lists some of the misuse of data by appraiser expert witnesses: Use of Erroneous Data Implausible debt-to-total capital ratio Regulatory agency guidelines ignored Data or proposal supplied by another… read more
Brian Brining JD, CPA, ASA listed some of the foundational questions used to introduce valuation testimony. Here are the 37 questions that can be utilized: These questions must be very general, and they are tailored to a valuation expert witness. In actual practice, the expert and the lawyer should prepare their questions and answers so… read more
Norman D. Bates, Esq. discusses the types of threat assessments a security expert witness may routinely deal with: A threat assessment is an evaluation of events that can adversely affect operations and/or specific assets. Historical information is a primary source for threat assessments, including past criminal and terrorist events. A comprehensive threat assessment considers actual,… read more
In Virginia College, LLC v. Martin the US District Court for the Southern District of Mississippi has ruled that malice expert witness testimony and reports should be excluded for making impermissible legal conclusions. The Court reasoned: [name of expert] focuses his report on the failure of Plaintiff’s defamation claim. As pointed out by Plaintiff, his… read more
