Joshua Fruchter, Esq. – May 8, 2014 Has an adversary ever offered up an outrageous excuse for missing a court-imposed deadline for disclosure of expert testimony? Was the judge indulgent, or did he/she throw the book at opposing counsel? The strict enforcement of deadlines governing expert disclosures against a party with decidedly flimsy excuses for… Continue reading Judge Rejects Flimsy Excuses Re: Expert Disclosure Deadlines
Tag: expert witness
Daubert: Testimony Based on Experience
Joshua Fruchter, Esq. – April 15, 2014 The Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993) requires trial courts to ensure that expert testimony admitted is reliable. Perhaps one of the trickier contexts in which courts must apply this standard is expert testimony based on experience. To be sure, the… Continue reading Daubert: Testimony Based on Experience
Excluding Expert Testimony the Jury Already Heard
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
How Likable Should an Expert Witness Be?
Billy L. Akin – December 6, 2013 Credibility…..a vital ingredient of an expert witness. How about “likability”? Is this trait involved in the effectiveness of presenting testimony? Hastening to my conclusion, I think likability is crucial. Does this overall perception of another human not make a difference? When “your honor” puts on the robe and… Continue reading How Likable Should an Expert Witness Be?
Should Admittance of Expert Evidence Have a Price
IMS ExpertServices – November 7, 2013 Should the right to admit expert evidence in civil litigation have a price? Should courts be able to restrict reliance on expert evidence, subject to the lowest bidder? As extreme as that might sound in this country, that’s not a far cry from what recent amendments to the Civil… Continue reading Should Admittance of Expert Evidence Have a Price