John Torres | Florida Today | October 14, 2015 (Photo: Stockbyte, Getty Images) Anyone who has ever sat through a trial or served on a jury has probably experienced listening to opposing “expert witnesses” who totally contradict each other. I served on a medical malpractice jury and watched and scratched my head as doctors testifying… Continue reading Expert Witnesses up for Debate
Tag: Daubert Challenge
What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges
Dean Morande | Carlton Fields Jorden Burt | June 17, 2015 Most practitioners would agree that, if the court excludes an expert based on a Daubert challenge—and that is the only expert opining on a subject—then in most instances there should be no need to proffer the expert’s testimony in order to preserve any potential error… Continue reading What Exactly Was Excluded? Proffering Expert Opinions to Preserve Daubert/Frye Challenges
“Every Breath” Theory: On Its Last Breaths?
Sharon L. Caffrey, Alyson Walker Lotman and Erin M. Carter – January 28, 2013 The “every breath,” or cumulative exposure opinion, has been proffered by plaintiffs’ experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for the District of Utah joined the… Continue reading “Every Breath” Theory: On Its Last Breaths?
Expert Witness Exclusion – Lay Witness to the Rescue
Maggie Tamburro – January 29, 2013 Think successfully excluding your opposing party’s expert on a Daubert challenge equals a slam dunk on summary judgment and dismissal of the opposing party’s case? Not so fast. While many have concluded that prevailing on a Daubert challenge is the equivalent of summary judgment, a recent case demonstrates, as with most things in… Continue reading Expert Witness Exclusion – Lay Witness to the Rescue
California Takes a Giant Step Towards Daubert
Robert Ambrogi – December 18, 2012 There was a major ground shift in California recently – and we’re talking not about an earthquake, but about the law governing the admission of expert testimony. In a unanimous opinion published Nov. 26, the California Supreme Court came within a hair’s breadth of adopting the federal standard for… Continue reading California Takes a Giant Step Towards Daubert