Robert Ambrogi – IMS Expert Services – December 31, 2013 You’ve heard the saying, “You can’t put toothpaste back in the tube.” Well, how about expert testimony the jury wasn’t supposed to hear? Does a judge’s instruction to disregard the testimony put the toothpaste back where it belonged? The 10th U.S. Circuit Court of Appeals… Continue reading Excluding Expert Testimony the Jury Already Heard
Tag: expert testimony
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
Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence
A technical breach by an engineer of its design professional agreement may not be enough to establish that the engineer is negligent. As the City of Huntington Woods learned in Huntington Woods v. Orchard, Hiltz & McCliment, 2012 Mich App. LEXIS 879, expert testimony may be required to establish that an engineer’s contract breach amounts… Continue reading Expert Testimony Explaining how Engineer’s Conduct Fell below the Standard of Care is Necessary to Establish Negligence
How Not to Preserve an Expert Objection for Appeal |
Robert Ambrogi – July 3, 2012 Every lawyer learns in law school that to be able to appeal an issue to a higher court, you must preserve it. No formaldehyde is needed for this, but what is required is that the lawyer clearly raise an objection at trial and get an express ruling from the… Continue reading How Not to Preserve an Expert Objection for Appeal |
Daubert Challenges Up 350 Percent
Maggie Tamburro – January 31, 2012 Are Daubert challenges really weeding out “junk science” and “pseudoscience” in the courtroom, or could it be that they are actually scaring off good, competent experts? Given the numbers alone, one can’t help but wonder. Since the U.S. Supreme Court’s 1999 decision in Kumho Tire Co. v. Carmichael, which established that the… Continue reading Daubert Challenges Up 350 Percent