Articles Posted in Expert Witnesses

This article by Betsey Herd and Janabeth Evans (Taylor) provides some helpful information on research that can be done to prepare for the deposition of an opponent’s expert.

Here is an interesting article about the admissibility of the testimony of a forensic economist.  The article is written to give guidance to defense counsel about how to exclude such testimony. 

The Sixth Circuit Court of Appeals has ruled on whether expert witness fees may be taxed as costs in federal court. FRCP 54(d) permits a successful party to recover costs in federal court  and 28 U.S.C. 1920 permits the recovery of "fees and disbursements for printing and witnesses."  The amount recoverable…

I wrote two posts in the last year (here and here)about doctors who have been attacked by organized medicine for giving testimony on behalf of plaintiffs in medical malpractice lawsuits.  The goal of these efforts is not only to punish the doctors for having the audacity to testify for a…

The Federal Court for the Middle District of Tennesse has a local rule on  expert witness that has been criticized for decades.   The rule provides as follows "Expert witness disclosures shall be made timely in accordance with any order of the Court, or if none, in accordance with Fed. R.…

Plaintiff filed an affidavit from an expert witness in opposition to a motion for summary judgment in a medical negligence case.  The expert – from UAB in Birmingham – explained that he understood the standard of care in Memphis because of the following: 2. I am familiar with the standard…

The Florida Supreme Court has released an important decision on testimony by expert witnesses. Plaintiff’s counsel sought an order prohibiting a defendant’s expert from testifying that he relied on consultations with colleagues or other experts in forming his opinions.   The Florida high court said  "that such testimony is inadmissible because…

The Pennsylvania Supreme Court has ruled that a party may conduct discovery into the financial records on a non-party’s expert witness "to facilitate an inquiry into bias."  As explained in more detail below,  it is clear that such discovery will not be permitted of every expert. In Cooper v. Schoffstall,…

Ok.  You have heard of damage caps, certificates of merit, and restrictions on fees that one side of a dispute can pay its lawyers (but no cap on the other side).  And you have heard of experts having to know the local standard of care in reading x-rays or determining…

The United States Court of Appeals for the Sixth Circuit has ruled that all material given to testifying expert witnesses must be disclosed, including attorney opinion work product materials. The circuits have been split on this issue.  In Regional Airport Authority of Louisville and Jefferson County v. LFG, LLC, Case…