As litigation has become more complex, most advanced civil lawsuits rely on testimony from expert witnesses. Expert witnesses play a pivotal role in the jury’s determination of the outcome at trial. The expert witness is in a unique position to…

Depending on the stage that trial has reached, the court may place serious restrictions on the replacement of an expert. Even worse, replacing an expert at the last minute can be stressful and expensive for an attorney. Knowing the unique…

Currently, the states are split, to various degrees, between the two major competing standards: Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Under Frye, an expert’s opinion…

When an expert is offering testimony on the stand, anything in their background—from Daubert challenges to unpaid parking tickets—can affect their credibility. That’s why the most effective background checks go beyond confirming an expert’s CV credentials. Expert witness background checks,…

Forensic psychologists apply skills in clinical psychology to legal matters. Often, this means offering clinical evaluations of people who are in some way involved in the legal system, such as those facing criminal charges or who are a party in…

When you expert witness takes the stand to testify, the courtroom is their stage and the judge and jury are their audience. How experts appear, their tone of voice in answering questions, and the respect they convey all influence how…

Not all scientific evidence is created equal. Researcher biases and idiosyncrasies, poor scientific procedures, errors in reasoning, or debunked theories all fall under the heading of “junk science.” Like junk food, junk science is devoid of substantive, useful content—no matter…

To win a class action matter, a lawyer may use multiple experts in order to successfully drive home their client’s argument. It is a common strategy that more experts testifying to the liability of the defendant should result in an…

There are two types of damages: compensatory damages and non-economic damages. Compensatory damages compensate the plaintiff for monies lost due to the injury, such as lost wages, medical expenses, or loss of future earnings. The idea behind compensatory damages is…

In the context of personal injury cases, summary judgment motions must show that there are no material facts at issue. As a matter of law, the moving party is entitled to a judgment in their favor. Often summary judgment motions…