Unique Disciplines

A federal judge recently made a decision to invalidate a patent on the process of detecting Down syndrome in fetuses using genetic sequences.  The biological science community seems to concur with the ruling that naturally occurring genes are not patentable.  The patent holder’s own biological patent expert witness agree that the amplification and detection of … Continued

How many times during the course of a trial does the judge have to remind a witness (or lawyer) to keep their voice up?  It is probably enough times that we start to question if it’s really the witness or the room’s acoustics of the room. An expert witness who is an acoustics engineer can … Continued

Our modern food supply relies on things millions of years old and the latest technology.  Sometimes the two clash and bad things happen.  Lawyers, and their expert witnesses, may be called in to clean up the mess. Fruit, vegetable and nut crops rely on pollination from honey bees.  At the same time, farmers rely upon … Continued

Express warranties are affirmative promises made by the seller relating to the quality, description and/or features of a particular good, and which become a basis of the bargain.  Implied warranties, on the other hand, need not be expressly made by the seller to the purchaser of a good, but rather are implied under a sales … Continued

It seems that every improvement is accompanied by grief. Whether you are with the majority of scientists who accept global warming as a scientific fact, or are unconvinced of the evidence, none of us would have ever thought that wind power from giant turbines would actually increase pollution. In this case, I’m talking about noise … Continued

The distinction between hard and soft law has been discussed largely in the context of international dispute resolution involving conflict of law issues. As defined by distinguished research scholars Kenneth Abbott and Duncan Snidal, hard law “refers to legally binding obligations that are precise (or can be made precise through adjudication or the issuance of … Continued

The use of video evidence in litigated matters is commonly categorized as a type of impermeable or uncontested proof, deemed certain to overcome issues of liability and fault if permitted entry into evidence. Yet, in current times of ever increasing technological advancements, the evidentiary value of video evidence cannot be characterized as the type of … Continued

A landowner filed suit for damages against neighboring quarry owner, alleging that it encroached on its land and removed subsurface limestone. The trial court jury held in favor of for landowner, but the judge reduced jury’s award of punitive damages. The owner appealed that calculation of damages.  Expert testimony was critical in making that determination. … Continued

Along with the multitude of recent events involving natural disaster throughout the nation, comes the plethora of angry utility customers displaced by power outages occurring in such disasters as those in Hurricanes Katrina and Irene, and more recently Hurricane Sandy. However, the consumer anger caused by such displacement, may be rightfully asserted, says the attorneys … Continued

In July of 2012, after several investigations by the U.S. government, it was publicly reported that a large bank was guilty of serious financial misdealing due to money laundering, involving everything from drug cartels in Mexico to terrorist regimes in Syria.  A scandal of epic proportions occurred: Not only did the Department of Justice (DOJ) … Continued

Previously, oil extraction locations were limited by the removal techniques available to oil companies.  In recent decades, however, advancements in extraction techniques have provided oil companies with economic alternatives that allow for removal of previously unrecoverable reserves. For regions such as California’s Monterey Shale, where geological limitations have prevented the use of conventional extraction techniques, … Continued

We all know that the expert witness is a paid witness, even when appointed by the court. And yet, jurors will audibly gasp and visibly raise their eyebrows when they hear how much the expert witness is paid. Why is that? Part of the answer is that trials take on a special aura. Invariably, for … Continued

The extent to which a contractor is permitted to testify concerning wind damage to a building from a hurricane was at the eye of this legal storm. An individual with first-hand knowledge and a specialized knowledge and experience will be allowed to give expert testimony, but with some limitations. A condominium association brought an action … Continued

A recent case, Apple v. Samsung, was noteworthy for the complexity of the patent issues involved. In complex litigation like Apple, expert witnesses are critical in explaining the issues in the case. Yet how can an attorney conduct a direct examination of an expert witness in a way that jurors will understand? According to a … Continued

Litigation is a battle. The American system of jurisprudence is based upon the adversarial system: two sides confront each other, examine and cross examine expert witnesses and lay witnesses, and take their best shot at convincing a jury, or a judge, that the facts and the law are on their side. While attorneys often have … Continued

Testifying as an expert witness can have a powerful impact on the lives of the individuals or companies involved in a current case. One amazing part of the US legal system that is often overlooked, is the fact that a decision in one case can have a significant impact on the legal system as a … Continued

The State of Texas is being sued by nearly two-thirds of its school districts over drastic budget cuts that have forced numerous classrooms to exceed the state cap on the number of students permitted in each class room. The classroom size was originally capped at 22 students by the Gov. Mark White in 1984. At … Continued

The Supreme Court of Oklahoma recently reviewed a breach of contract case, in which the Plaintiffs seek compensation for an expert’s failure to provide competent expert witness services.  Do you need an expert to prove that an expert witness’ work is substandard? Supreme Court says no, but only if a reasonable layperson can determine that … Continued

Why are pharmaceutical experts in high demand by attorneys?  Pharmaceutical experts are involved in a wide range of civil cases.  Experts in the pharmaceutical industry can be a pharmacologist, a medical doctor, a chemist, a manufacturing expert, or an expert in other niche areas.  A well-known application for pharmaceutical expert witnesses is patent infringement litigation. … Continued

Often attorneys fail to seek advice from an expert for consultation purposes prior to a deposition, only to have an expert later review the deposition transcript, and realize that relevant questions were not posed at all during the deposition. At this point, the attorney has the option of deposing the party for a second time, … Continued

The Massachusetts Supreme Judicial Court says no, at least not when it comes to excluding business records on which an expert witness relied. Back in 2001, a wage and hourly class action suit was filed by hourly employees against a giant retailer in Massachusetts. The lawsuit charged the retailer with failing to pay certain employees … Continued

Citrus trees start dying for no apparent reason in Florida.  A plant pathologist arrives to look at dying citrus trees and starts running a diagnostic list, much the same way a medical doctor assesses sick patients. In one recent case, a plant pathology expert witness was brought in for causation relative to dying citrus trees … Continued

Express warranties are affirmative promises made by the seller relating to the quality, description and/or features of a particular good, and which become a basis of the bargain.  Implied warranties, on the other hand, need not be expressly made by the seller to the purchaser of a good, but rather are implied under a sales … Continued

Perhaps the most valuable aspect of expert testimony is being able to provide a professional opinion. In virtually all other testimony, witnesses are only permitted to state their personal observations. In limited instances, they are permitted to offer their opinion when such an analysis is within the purview and experience of the common man. “She … Continued

What happens when a seemingly valid Will is so old that none of the witnesses or attorneys are still alive? Assuming there’s no statute that answers this question directly, your best bet is to turn your attention to Common Law. You figure that over the many centuries of judge made law, there must be at … Continued

Expedited Trials and Expert Witness Testimony As operating budgets are cuts and courts are forced to shorten the working day, several state court systems have enacted voluntary “expedited trial” proceedings allowing both sides to limit the expenses associated with trial. Other states are currently considering both voluntary and involuntary expedited trials processes. Although each state … Continued

There is a clear line that marks the edge between witness testimony and expert witness testimony, and being able to cross that line to present expert witness testimony can make all the difference for findings of liability and computation of damages. All over the news last week was a case out of Hempfield, PA with … Continued