The ABAs House of Delegates voted 207-137 to recommend adding to Federal Rules of Civil Procedure Rule 26(a)(2) a privilege for draft reports and communications between attorneys and their experts. A Law.com article on the votes reports that "[t]he proposed change was prompted by varying judicial interpretations of 1993 amendments…
Dr. Gary Lustgarten testified the for the plaintiff as an expert in a medical negligence trial in North Carolina. Lustgarten testified that in his medical opinion that certain notes made by one of the defendant’s, Jauffman, were inaccurate. After the case settled, one of the defendants filed a complaint about…
This is a brief in response to a defendant’s motion in limine to exclude the expert witness testimony of an economist. The economist was disclosed in a wrongful death case arising out of the drowning of a three-year-old boy. The economist is expected to testify about the present value of…
The plaintiff alleged that she had a head injury arising out of a vehicle wreck and filed suit. The defense had her examined by a neuropsychologist under Virginia rules of court and she later sued him. This is how the Court described Plaintiff Harris’ allegations: “Dr. Kreutzer “verbally abused [Harris],…
Plaintiff was injured in a car wreck. She brought an uninsured motorist claim and was subjected to a psychological evaluation at the insistence of her insurer. The evaluator “testified that he believed that Gilbert experienced actual pain relating to the 1994 accident, but that a personality disorder complicated the pain…