In cases involving compensable physical injuries, it may be tempting to call the physician who treated the injured person as an expert witness. After all, the treating physician saw the injuries or illness soon after they initially happened and responded…
The pandemic abruptly vaulted legal proceedings and working relationships into remote arrangements. As such, expert witnesses and consultants must also shift gears and adapt to these changes. Here, we’ll look at some common issues we’ve seen arise between attorneys and…
Technology is an ever-changing, omnipresent aspect of our everyday lives. As such, there is an increasing number of ways our privacy and personal information can be compromised. Biometric data—physical characteristics of a person that can be used as a digital…
The attorneys representing clients in these disputes are hired for their legal prowess and industry experience, but the simple fact is that even the most astute litigator cannot be a subject matter in every issue a client may be facing.…
The COVID-19 pandemic and its resultant shutdown have caused some drastic changes to the United States court system. As most legal system operations ground to a halt due to courthouse closures, many in-person civil proceedings were postponed or canceled altogether.…
Litigators often face a tough choice when selecting expert witnesses for a case. Should you work with a first-time expert—that is, someone with the right qualifications but no litigation experience? Or do you go with an experienced expert who has…
These cases may benefit from the presence of an expert witness who can focus on the question of liability. In particularly complex cases, it may be prudent to hire multiple experts—one to focus on causation, and another to focus on…
A successful tort case depends on establishing a few essential legal elements: duty, breach, causation, and damages. This third element—causation—can often prove tricky, especially for matters in pharmaceutical product liability and mass toxic tort litigation. In such cases where a…
Federal Rule 702 establishes that a witness who is qualified as an expert on the basis of knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: The expert’s scientific, technical, or other…
While establishing guidelines for what can be admitted at trial, Rule 703 does create an opportunity for using inadmissible evidence. In particular, this opportunity has been the subject of both praise and scrutiny over the years. Inadmissible evidence can be…