Expert witnesses spend years acquiring the knowledge, expertise, and skills that make them experts in their fields. As such, it is not surprising that expert witnesses expect to be compensated for their time and knowledge. Some expert witnesses request a retainer or an upfront monetary deposit (sometimes non-refundable) in order to secure their services. For … Continued
This question was answered in a recent decision in the United States District Court for the Northern District of Illinois, by United States Magistrate Judge Maria Valdez. In a recent case, the plaintiff, an insurance company (GTL), brought an action against the another insurance company (AMLI) based upon two reinsurance agreements between the two companies. … Continued
A nuclear utilities company brought an action alleging breach of contract by the government for disposal of spent nuclear fuel and the fees involved. The utilities moved for permission to designate an additional expert and fact witness and to amend the pretrial schedule. More than 18 months ago, the plaintiffs, a nuclear utilities company (“SFI”), … Continued
On June 26, 2013, The U.S. Supreme Court issued a decision that was considered historic by anyone’s measure. Not only was the makeup of the final majority and dissent of note (with Justice Antonin Scalia favoring the majority’s argument that, in effect, made gay marriage legal in California again), but the impact for California and … Continued
Over the years, finding a reliable form of lie detection has been the subject of much debate. Today I’m going to address the potential impact that improved scientific methods of credibility analysis will have on litigation. There are some scholars who argue that using an expert witness to provide the jury with an opinion about … Continued
Every day, shiny new cases arrive in court, ready to be resolved, only to gather dust during discovery and languish for years as the courts’ overstuffed dockets bring everything to a rush-hour stand-still. Then, at some point in this drama, the court schedules a judicial conference to discuss ways of settling this 100-years war, a … Continued
Class action lawsuits are not only a very common form of civil litigation but, to many law firms and attorneys, they represent the majority of their cases. Accordingly, since the Supreme Court has, in the past two years, considered and reconsidered the relevance and admissibility of expert evidence in class actions, every civil litigator should … Continued
Once in a while, I come across a report of a case from which I am reminded of the simple things that should be done in every case. Recently, I read about a case in which the court-appointed expert witness cited references of studies commissioned by one of the parties to the case. A motion … Continued
Anyone who knows me, or takes one of my classes, knows that I am a supporter of the jury system. But even I have to admit that we may be heading for a disaster when it comes to the increasingly complicated world of scientific expert witness testimony. A few years back, there was a conference … Continued
A client comes to you and says the injuries are related to an event. You conduct a preliminary review and find the scenario sufficiently credible to warrant offering the retainer agreement and starting work. And when you involve the expert witness, you hear him say that your client had it right. Is the expert witness … Continued
The other day, while I was staffing a free legal clinic, a woman came in and described her particular legal problem. She was stressed. I was thrilled because everything going wrong for this woman was actually legally convergent for a strong fact pattern to submit to a judge. My advice? Proceed – with all due … Continued
In a recent decision in Manpower, Inc. v. Ins. Co. of Pennsylvania, __F.3d__ (7th Cir. Oct. 16, 2013) (No. 12-2688), the district court’s exclusion of plaintiff’s expert was held to be in error, and subsequently reversed by the Seventh Circuit. The case involved an insurance contract dispute in which Manpower sought damages for loss associated … Continued
The plaintiff, a former Financial Manager in the Office of the CFO for the District of Columbia, who recently brought an action under the Americans with Disabilities Act (ADA) against the D.C. Mayor. The plaintiff claimed he injured himself as he sat down in his chair at work. After the accident, he didn’t return and … Continued
The plaintiff, a former Financial Manager in the Office of the CFO for the District of Columbia, who recently brought an action under the Americans with Disabilities Act (ADA) against the D.C. Mayor. The plaintiff claimed he injured himself as he sat down in his chair at work. After the accident, he didn’t return and … Continued
