The justification was that unless the information was too complex for a jury to understand without the help of an expert, a jury should be able to interpret evidence and draw its own conclusions. However, as the Supreme Court has…

The requisite qualifications for an expert to testify at trial are largely dependent upon their field of study. Scientific experts may conduct experiments and gather empirical data based on strict methodology. While experts in other specialized areas may draw conclusions…

Anesthesia in medicine has roots dating back to the mid 19th century. In fact, the first public demonstration of anesthesia is recognized as Ether Day—commemorating October 16, 1846, in Boston. But since then, many things have changed in the world…

While the cross examination of a witness is often viewed as a climatic moment in a trial, the direct examination of a witness, particularly an expert, can be of equal, if not greater importance to the outcome of a case.…

When the Supreme Court set the standard for expert testimony admissibility in the seminal case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), it was a precedential turning point. However, the current standard, though founded by the Daubert…

Non-testifying experts, also referred to as consultants, serve an array of purposes throughout the litigation process. The versatility of non-testifying experts, coupled with relatively favorable discovery rules governing the disclosure of their identities and work product, make them a valuable…

Case Name: Freeman v. E. I. du Pont de Nemours & Co. (In re E. I. du Pont de Nemours & Co.), 2016 U.S. Dist. LEXIS 43337 Freeman v. E.I. du Pont de Nemours & Co. stemmed from a multidistrict litigation…

Forensic Pathology is a sub-specialty of pathology that investigates and certifies death, depending on the jurisdiction. Some states have medical examiner systems in which a forensic pathologist certifies the death. Whereas other states have elected coroners that usually are non-physicians.…

Exposure to toxins in one’s occupation or the environment has long been recognized as a risk for developing cancer. One famous example is testicular cancer in chimney sweeps described by Dr. Percivall Pott in 1775. Toxic exposure continues to be…

Effective direct examination of an expert witness is crucial when it comes to a bench or jury trial. It is extremely important for any practicing trial attorney to know what to ask in order to ensure the judge or jury…