On March 9, 2021, a U.S. District Court judge in the Southern District of California granted the defendants’ motion. The drug companies had filed a motion for summary judgment in a consolidated multidistrict litigation (MDL). The plaintiff claimed the defendants…
Expert witnesses have become increasingly valuable when litigating a legal case. But fees can be burdensome. This is particularly true for small or midsize firms and especially during lengthy or complex litigation. Instead of forgoing a necessary component of your…
The easiest and safest way to ensure that there aren’t any misunderstandings regarding an expert’s fees is by drafting a comprehensive retainer agreement or engagement letter. Like any contract, the retainer should address all the important terms of payment in…
Attorneys use summary judgment motions to obtain a pre-trial judgment in one’s favor, as a matter of law, when there is no material issue of fact. Defendants file these motions most often. However, plaintiffs have begun to increase their usage…
What is a Rebuttal Report? A rebuttal report analyzes and refutes the positions the opposing expert takes in their expert witness report. A good rebuttal report will establish a foundation for questioning the expert’s credibility. Through this foundation developed and…
An expert could be the most qualified in their field, but it means nothing if the jury does not believe them. Especially in cases where opposing expert testimonies are facing off, the jury’s interpretation can become a credibility challenge. The…
A federal appellate court in Iowa recently upheld a plaintiff expert witness’s exclusion in a workplace product liability case for their failure to satisfy the requirements of Federal Rules of Evidence 702. The decision in Hirchak v. W.W. Grainger, Inc.,…
Human factors experts focus on how people interact with their environment and consider principles of psychology, design, and usability to optimize safety and performance. Traffic safety human factors experts strive to answer crucial questions regarding road user behavior, expectations, capabilities,…
Attorneys looking for an expert to assist with their case, however, see the CV merely as a starting point. For many lawyers, an expert witness’s previous depositions provide a wealth of information that isn’t captured by a CV, resume, or…
An expert witness’s testimony can be incredibly impactful at trial. Though, their involvement is just as valuable—if not more—when first assessing the case’s merits. An expert’s initial review, research, assessment, and valuation of a potential lawsuit is a critical first…