Anjelica Cappellino, J.D.

Since the United States Supreme Court decided a standard for the admissibility of expert testimony in the seminal case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), an increasing number of expert witnesses have been challenged by way…

If an expert is necessary to prove a case theory, chances are the opposing party will also retain their own expert. But no matter how sound one side’s legal theories and expert opinions appear to be, an opposing expert’s conclusions…

For litigation involving personal injuries – such as a negligence or worker’s compensation claim – an independent medical examination will be an integral part of the process. An independent medical examination, as the term suggests, is an examination conducted by…

From train derailments to car crashes, accidents happen all the time. Whether those accidents are litigated in court, however, is a different story. Even the seemingly most straightforward accidents can present complex, multi-faceted issues of negligence, and it may not…

Negligence claims can be as broad and varied as practice areas themselves, with almost all tort suits revolving around some form of a negligence theory. As negligence can form the basis of a variety of claims, ranging from medical malpractice…

Generally speaking, it is not easy to successfully bring forth a medical malpractice lawsuit in the United States, as evidenced by the consistent downward trend in the number of paid claims in the last two decades. This might be by…

Among the ever-growing list of toxins and contaminants that can form the basis of a products liability claim, formaldehyde has shown signs of potential for litigation in recent years.  Formaldehyde, a known carcinogen, can be found in a variety of…

As any true crime purveyor (or Netflix-binge-watcher) knows, the murder of Kathleen Peterson has become an enigma over the past two decades. On December 9, 2001, her husband, Michael Peterson, found her unconscious at the bottom of the stairs of…

Legal malpractice occurs when an attorney breaches the requisite standard of care customary to the practice of law. Generally, a legal malpractice claim requires the plaintiff to prove that: The attorney owed a duty of care to the plaintiff The…

If the court deems an expert’s testimony inadmissible, especially suddenly and in the middle of trial, it can have a disastrous effect on the outcome of the case. However, the governing standards of expert witness admissibility are not uniform throughout…