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Articles by Expert Witnesses

Direct Examination of Your Expert Witness: Key Strategies

To make the most of the expert witness for the case, it is important to hire this professional early and explain the specifics of the direct examination. When it is clear that a trial case is the likely outcome, the expert witness may need an early hire to work through the evidence and other materials quickly to support the argument in the courtroom.

Options on Leveraged Vix Etfs – Legal Issues

There is much to be said about the February 5th losses on the leveraged VIX ETF options.

Don't Touch The Vix! Ooops.

What happened on February 5th, 2018.

Preventing #MeToo Legal Fires

As an active duty Deputy Fire Chief, I was responsible for the lives and safety of all of my firefighters as well. Creating an environment free from harassment, intimidation, discrimination and other such harmful behavior was as much important as creating a safe emergency scene.

Use of Expert Witnesses in Football Head Injury Claims

There are several types of expert witnesses that may assist with a traumatic brain or head injury with a professional football player in either major leagues or minor leagues. These professionals usually must explain the injury, the reason the injury occurred or why the defendant is liable for damages such as with product defects or a lack of protection.

Asbestos in Baby Powder Cases - Product Liability Expert Witness Testimony

There are several cases where there are toxic substances used as materials in products used for young children or babies that require the services of an expert witness to both understand and pursue a legal claim against. In these situations, the expert hired will need to testify about the tested materials and expose the damages the company or person caused.

How can an Economic Expert Determine My Amount of Lost Income in a Personal Injury Case?

In a personal injury case, the victim may have need of several experts to assist with the issues of the subject matter to include explaining and calculating the loss of income and other damages owed. These experts may become part of the claim as witnesses or give reports and documentation to support the claim as evidence.

Expert Witnesses Provide Testimony on Driver Fatigue

Expert testimony about fatigued driving generally revolves around the different health problems a person may have while behind the wheel and becoming tired or exhausted to the point of falling asleep. Others may have additional stress, are driving after a long day or become fatigued through different problems that may arise to possibly cause an accident.

Restaurants, Lawsuits & the Role of OSHA

Did you know that OSHA plays a very important role in nearly every restaurant and bar industry lawsuit and insurance claim? Well, it most certainly does, and it doesn’t matter if the person that got injured, harmed, sickened, maimed or killed was an employee or a customer of the subject establishment.

Litigation Cases Involving Violence in Restaurants

Did you know that restaurants are more likely to experience workplace violence than any other industry in America? In this article we will help you find out why restaurants are so prone to violence, what leads to violence, the practical steps to help make restaurants safe, and the insider information that you need when dealing with one of these legal matters.

Insurance Expert Witness in Violations of State Insurance Claims

When there are violations incurred with the state insurance claims either for the company or against it, these matters may require the services of an insurance expert witness to unravel the confusion and explain the necessary and relevant details. The expert hired for someone suing the company will need to review the matter carefully and determine how best to proceed with testimony.

Role of the Expert Witness in Stock Option Controversies

Stock option controversies often arise through the devaluation or tampering of the stock options given to the employees as a way to increase income over time as the company grows. However, it often takes an expert witness to explain these matters and demonstrate the problems that exist and that decrease the value so that stock options are nearly worthless.

Pension Benefit Reductions Approved for Two Pension Funds

The U.S. Treasury Department recently approved pension benefit reductions for two pension funds, the Western States Office and Professional Employees Pension Fund (“Western States”) of Portland, Ore., and the Ironworkers Local 16 Pension Fund (“Ironworkers”) of Towson, Md.

Use of Chemistry Expert Witness in Drug Charges

Drug charges often require an expert to analyze the data, understand the full elements of the case and explain these issues to the courtroom for a better awareness of each factor. Without an expert to assess a blood or urine sample, the results may remain unverified which may assist in releasing a guilty party without the necessary conviction he or she may incur.

Future of Arbitrating ERISA Complaints

The U.S. Court of Appeals for the Ninth Circuit issued a July 24th opinion in the case Munro vs. University of Southern California, Case No: 17-55550 (9th Cir. 2018)* concerning the scope of arbitration clauses in employment contracts and . . .

Expert Witness Explains How Lack of Warning Labels Can Lead to Crane Accidents

Crane accidents generally occur when an operator is unaware of certain issues based on a lack of warning labels or when the instructions do not include various problems or defects that could exist. An expert witness may need to explain these matters in the courtroom to clarify the claim and how it affects the injured party.

Class Certification and Expert Witnesses

Some expert witnesses will need class certification for class action lawsuits or when using specific and specialized knowledge for various cases that demand certification for the subject matter. Some professionals work with larger cases that encompass multiple or dozens of plaintiffs against a company that increases the standards the expert is put to within the claim.

Expert Witness Provides Testimony in Formaldehyde in Construction Materials Product Litigation Cases

Construction materials used in a product’s creation may contain certain harmful chemicals, and an expert witness may need to provide testimony against the manufacturer or construction company when a person or employee sustains injury from the resource used. The professional hired for these claims may also need to express to the courtroom why formaldehyde was in the materials.

Weaponized Chemistry, a Medicine Cabinet of Assault

Provided by: Sanjay Adhia, MD
Date Rape Drugs: Psychiatry, Pharmacology and Law

Role of an Infectious Disease Expert Witness in Food Poisoning Case

Many food poisoning cases require the assistance and expertise of an expert witness to understand the actual cause and severity of the contamination that affects and injures those that consume the food. An infectious disease consultant may provide details similar to those that work for the Centers for Disease Control that may take center stage in some food poisoning cases.

Logistics and Distribution Are More Complicated Than You Think

Global supply chains are complicated and involve relationships between multiple supply chain partners. Each relationship requires some kind of agreement or contract between the parties that is often the source of conflict that result in law suits.

How Hard Is It to Beat the S&P 500?

The majority managers seeking to outperform the S&P 500 fail. However, there is a way to improve the odds tremendously.

Utilities Expert Witness after Accidents Caused by Buried Power Lines

When there are various issues on the road that require additional explanation or a clearing up of confusion, it is important to hire an expert witness. When the case material involves buried power lines, a utilities expert is generally the professional that is able to discuss and detail what happened and why awarding damages is important.

Using an Optometry Expert Witness in ADA Claims

There are certain cases where an optometry expert witness may assist with a case such as low vision, near blindness and when the person requires a special type of prescription that could necessitate a claim with the Americans with Disabilities Act. In these cases, the expert must prove that his or her testimony should remain included.

Railroad Expert Witness in Pedestrian Train Accident Cases

When a pedestrian suffers harm through a train intersection or at a rail crossing, a railroad expert witness may need to explain the situation and how the individual was not expected to know a train was coming. In these claims, the expert may need to provide examples and signs from the crossing and how the rail manufacturer failed with equipment warning the person.

Finance Expert Witnesses in Securities Fraud Cases

Securities cases that involve fraud are complex and difficult to understand unless the individual has a background in these financial matters, so hiring a finance expert witness is often necessary to explain and detail the criminal aspect and why conviction or a legal remedy is important. Seeking either justice or compensation is one task of the finance professional.

Making Objections During An Expert Witness Deposition

It is crucial for both the lawyer and the expert witness to understand the objections that could occur during the deposition period. While the opposing lawyer may need this time to object to various issues with the professional, the opposing legal team may also reflect and prepare to counter the objections to keeping the expert witness in the case.

Disclosures by Expert Witnesses Help Avoid Exclusion of Testimony

It is possible during the disclosure period that the expert witness’ testimony may face exclusion resulting in the opinions not being heard in the courtroom. This could lead to the dismissal of the expert witness if the legal team and expert do not follow the Federal Rules of Civil Procedure. Avoiding exclusion is crucial for the testimony to remain in the case.

Examination Tips for Expert Witnesses

There are numerous tips that an expert witness may use to help with examinations, and many of them revolve around the questions and how to answer best with cross-examination. Understanding the question given is crucial to giving the answer that best defines the information and removes confusion from the courtroom.

Avoiding Disqualification of Expert Witnesses from Conflict of Interest

It is often a conflict of interest that causes problems that may even lead up to the disqualification of the expert witness in numerous cases. Avoiding these circumstances and remaining on the case or claim is vital for the professional to assist the lawyer and explain the subject matter to the courtroom to alleviate confusion.

Handwriting Expert Witnesses - Are They Allowed in Federal Cases?

Handwriting experts may have difficulty with admissible testimony in certain cases unless the professional remains in line with the Rule 702 for Federal Rules of Evidence. Any deviation or sidetrack from these rules could lead to the exclusion of an expert’s testimony regarding handwriting samples and examination of the writer.

How to Collect a Diminished Value Check from the At-Fault Parties Insurance Company!

Lawyers and Judges in Harris County courts are starting to recognize Diminished Value as claim warranted of pursuing if you are the innocent party involved in an auto accident that was not your fault. Your vehicle will lose value, but how much will it lose?

Excluding an Expert Witness

It is possible to increase the success of a trial for criminal cases or with civil claims by excluding a witness that has little relevance or who uses unreliable testing methods. By excluding the witness’ testimony, the opposing legal team is able to remove any connection of that specific professional from the case and increase strategy implementation.

Disqualifying an Expert Witness during the Voir Dire Process

To remove an expert witness during the initial states of a case, it is important to validly disqualify him or her within voir dire with objections or motions filed by the opposing lawyer early. This process often requires specific knowledge of reliable testing methods as applied to various pieces of evidence or knowing if the expert is a relevant professional for the field of study.

Motions for a Daubert Challenge of an Expert Witness

It is important to succeed in a Daubert challenge when the expert witness may face disqualification and knowing what types of motions are possible may increase the possibility of a positive outcome to the challenge. It is essential to first identify when the challenge will happen and when the opposing legal team deems it necessary for the case.

Defending Against a Daubert Challenge - Strategies for Expert Witnesses

A Daubert challenge is one that could lead to the disqualification of the expert witness based on unreliable testing methods or results or a lack of relevance to the subject material of a case. If the professional is able to succeed in the challenge, it is often due to various tips or strategies implemented to provide him or her support and success.

Disclosure of Facts or Data Considered by Expert Witnesses

There are certain files that the expert witness must have in order to do his or her job of testing materials, reviewing certain details and forming an opinion based on facts. The disclosure of facts or data within the case is often something the judge must order the company or person to provide if the entity or individual does not feel it is necessary.

Retainer Agreements Provide Details of Services for Expert Witness

The retainer agreement that an expert witness negotiates with the lawyer that hires him or her is the contractual document that provides the details for the services, expenses and other items the professional will experience for the case. The information in the paperwork is crucial to provide income to the expert and reimburse him or her for all costs related to the case.

Testimony Preparations for Expert Witnesses

Before an expert witness presents testimony in the courtroom, he or she will need to prepare by completing various steps beforehand that give him or her the edge necessary to engage the courtroom judge or jury. Knowing these steps may help the professional accomplish his or her goals in informing the court of the necessary subject matter.

Confidentiality and Discretion of an Expert Witnesses to Avoid Conflicts of Interest

Avoiding a conflict of interest is critical to remain a designated expert witness on a case and prevent disqualification from the judge which may remove the testimony possible. By following certain tips and removing access to reports, information and testimony, the professional may increase the possibility of staying on the case when presenting reliable testing and relevant information.

Objections Raised by Opposing Counsel against Expert Witnesses

When an expert witness becomes part of the legal proceedings in a courtroom, there are certain objections to his or her testimony, testing methods or results and any relevance he or she has within the case with the subject matter. Voicing these objections is critical for the opposing legal team to ensure a fair and reasonable criminal or civil case.

Conflicts of Interest When Expert Witnesses Switch Sides

There are certain issues with an expert witness switching from one legal team to another, and many of these involve the conflict of interest where the professional may have knowledge of the details or strategy the other side may have. Disqualifying the expert for engaging in this activity is often something the judge will consider based on the specific case.

What Happens If Your Expert Witness Is Disqualified?

No matter how qualified the expert witness appears for a certain case, disqualification happens in more than half of the cases depending on either criminal or civil processes. When the profession is no longer a designated expert witness, it is still possible to keep him or her to help find and assess a new expert witness to help the case.

Voir Dire of an Expert Witness

Qualifying an expert witness for a case is normally a complex matter that may require understanding the subject matter, the reliability of testing methods and the credentials the professional possesses. However, the voir dire of an expert witness for any case or claim generally is a preliminary step where later objections do not initially arise.

Vetting an Expert Witness

Vetting an expert witness is imperative for the legal team to ensure that the opposing legal counsel is not successful in a challenge with reliability and relevance to the case subject matter. Vetting generally requires understanding and looking into the expert's background, finding discrepancies in credentials, and matching the expert with the case or claim.

Exposure Pathways - Standards for Expert Witness Opinions

Expert witness opinions about various subjects are important to understand and proceed with knowledge and caution about dangers, complications and problems that may occur currently or in the future. With exposure pathways, it is essential to understand the standards that experts explain through opinions based on fact and the situation.

Public Interest Concerns of Disqualifying an Expert Witness

Some high profile or special interest cases expose concerns over disqualifying an expert witness based on various aspects of the professional and the circumstances of the case. There are some claims where the professional has a conflict of interest that may cause disqualification even in light of public interest concerns with the expert witness.

Congress Considers 401(k) Changes

The Retirement Enhancement and Savings Act (RESA) is a bi-partisan legislative proposal designed to encourage the growth of retirement savings plans among small businesses and the workers they employ.

Taking Advantage of the Law Firm Search Engine Optimization You Already Performed

Provided by: DataFlurry
You have had a website online for quite a while now, spent time and money promoting the authority and value of your website. However, you likely have a massive amount of hidden value that you are not utilizing which can easily gain you more traffic and website inquiries for your legal services.

Contract Provisions for Expert Witness Agreements

The various provisions in the expert witness contract usually deal with the compensation a professional will receive, the statement of services and comprehensive details of which items the expert will receive payment for with the case. These contracts retain the services of the professional for the specific claim or case and a new one is generally necessary for a different case.

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