Construction litigation is a vast and varied practice area. There are countless disputes that can arise over the course of a building project that may require legal action—and a wide range of expert consultants. But recently, three specialties have emerged…
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…
In depositions, the opposition has the chance to ask you about your report, opinions, and methods. It’s the stage where weak cases are often revealed, prompting immediate settlement discussions. Think of it as the opposing counsel’s fishing expedition—they’ll try to…
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…
Whether you are a mechanical engineer, a pediatric gastroenterologist, an accident reconstructionist, or another highly experienced professional, expert witness opportunities are waiting for you. Finding them, however, is another matter. Many experts new to the field spend a ton of…
These early exercises lay the basis for big strategic decisions like whether to fight, settle, or keep options open. Expert insights on strategy also assist lawyers’ development of early negotiation posture and case narratives. Working with an expert during early…
A Maryland plaintiff was stripped of a medical malpractice damages award of nearly $1 million after her expert witness was disqualified for failing to meet the requirements of Maryland Code 3-2A-04(b)(4). In an unreported opinion for Brenda Brown v. Falik…
On September 29, 2020, the Federal Trade Commission (FTC) lost a bench trial after the presiding judge threw out the opinions of both its expert witnesses. The FTC had claimed false marketing messaging by home insulation company, Innovative Designs, however,…
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.…
Though both the Daubert and Frye standards leave room for differing methodologies from different fields, neither standard adopts an “anything goes” approach. Rather, both delineate criteria for evaluating a particular expert witness’s methodology in court. Expert witnesses who understand how…