Robert Ambrogi – November 20, 2012 Is a Daubert hearing a mere magical incantation, unnecessary to invoke as long as the trick is still performed? Several Supreme Court justices seemed to suggest as much, as the court heard oral arguments Nov. 5 in Comcast Corp. v. Behrend, an antitrust case that presents the question of the extent to… Continue reading Daubert and Class Actions All Just Magic Words | BullsEye Blog
Category: Expert Witness
Keeping Your Expert and Yourself Out Of Trouble
Jack Carnegie – December 19, 2012 The Texas Supreme Court has a penchant for taking a series of related cases to examine various aspects of a particular issue. Recently, the Court’s interest has turned to experts. Understanding just what the Court has held is critical at trial and later, on appeal, to know when your… Continue reading Keeping Your Expert and Yourself Out Of Trouble
Expert Mistake? Not a Problem in $9 Million Reversal | BullsEye Blog
Maggie Tamburro – November 6, 2012 We all make mistakes. No matter how careful you are, how well prepared you are, mistakes happen to the best of us, even experts. Does an expert’s mistake spell disaster for your case? Not necessarily, according to a surprising reversal by the 5th Circuit Court of Appeals. In this recent… Continue reading Expert Mistake? Not a Problem in $9 Million Reversal | BullsEye Blog
Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions not Shown Reliable because Expert Performed no Testing Regarding Proposed Designs’ Feasibility an
Foley Hoag LLP – October 2, 2012 In Carlucci v. CNH America LLC, 2012 WL 4094347 (D. Mass. Sep. 14, 2012), plaintiff was injured in a driveway paving accident when his co-worker backed over his foot while operating a skidsteer loader (a compact, highly maneuverable, four-wheel bucket loader) designed and manufactured by defendant. At the… Continue reading Massachusetts Federal Court Holds Plaintiff’s Civil Engineering Expert not Qualified to Opine on Alternative Designs in Construction Loader Suit and Opinions not Shown Reliable because Expert Performed no Testing Regarding Proposed Designs’ Feasibility an
Shooting from the Hip with a Hired-Gun Expert Witness
Maggie Tamburro – October 16, 2012 Think you have that winning expert witness in your back pocket? Think again. The 6th Circuit has recently released an opinion that reminds experts and attorneys to use extreme caution: That ace-in-the-hole, hired-gun expert witness might just backfire if you’re not careful. You likely won’t find this case reported on… Continue reading Shooting from the Hip with a Hired-Gun Expert Witness