Striking or Limiting Expert Testimony

If you’re using expert witness testimony to support your client’s case, chances are good the other party is too. Each expert witness will be trying to poke holes in the opposing expert’s testimony. If you try to exclude or limit the opposing counsel’s expert witness testimony, the other party will try to do the same … Continued

Cool Refrigeration (Experts) for Your Hot Summer Days

It’s a more exacting science than the average human appreciates, until a summer storm passes through and knocks out the power.  How many hours do dairy products keep?  How is refrigerator temperature affected if you open the door once to move the baking soda front-and-center?  Is left-over, perfectly cooked barbequed chicken okay to serve room … Continued

Penny Wise and Pound Foolish in Winning a Patent Infringement Case?

As civil litigators, we often focus on the importance of having an expert testify in order to demonstrate why our client should prevail. To prove whether a heart surgeon’s efforts met the minimum standards required in his field, you’d want the opinion of an expert in heart surgery. Vince Lombardi notwithstanding, in civil litigation winning … Continued

Why You Should Send Discovery Responses to Your Expert Witness

A case was reported where the expert witness cinched the verdict by using discovery materials from the adversary, which the adversary had offered as part of their defense. The case involved claims of patent infringement.  The fact pattern involved data transmission at the point of sale locations via the Internet.  The detail of importance was … Continued