Expert Witness Blog

In the pivotal case of Bureau of Medical Economics v. Cossette, Cal. Ct. App. 1974, the role and compensation of a Medical Valuation Expert Witness were central to the court’s analysis of expert testimony in medical litigation. This case addressed the nuanced distinction between expert witnesses who provide valuation based on specialized knowledge and those who testify as percipient witnesses with direct factual knowledge.

Background and Parties

The plaintiff, Bureau of Medical Economics, represented several doctors seeking compensation for expert witness fees in connection with testimony provided during litigation. The defendant, Cossette, challenged whether each doctor was entitled to an expert witness fee or merely the standard witness fee, depending on the nature of their testimony. The dispute arose from the doctors’ involvement in evaluating and treating a patient, Hession, whose medical condition was at issue in the underlying lawsuit.

In the recent New York Supreme Court case of Caminiti v. Extell W. 57th St. LLC, 2023, the pivotal role of a Labor Law Expert Witness was brought to the forefront in a dispute involving alleged violations of New York Labor Law § 240, commonly known as the “Scaffold Law.” This statute imposes strict liability on property owners and contractors for injuries sustained by workers due to falls from heights or falling objects, provided the safety devices required by the statute were not furnished.

Background and Facts

The plaintiff, acting as the administrator of the estate of the decedent, initiated suit against Extell W. 57th St. LLC and related entities following a fatal accident at a construction site. The decedent, a worker at the site, suffered a fatal fall from a ladder. The central issue was whether the defendants had failed to provide adequate safety devices as mandated by Labor Law § 240, thereby causing the accident.

In the complex litigation of Cayuga Indian Nation of New York v. Pataki, 83 F. Supp. 2d 318 (N.D.N.Y. 2000), the court’s rigorous analysis of the admissibility and reliability of a Real Estate Valuation Expert Witness provides a definitive example of how federal courts apply Daubert standards to expert testimony in high-stakes property valuation disputes.

Background and Parties

The Cayuga Indian Nation brought suit against the State of New York and other defendants, seeking damages and equitable relief for the unlawful taking of tribal lands. The central issue was the determination of fair market value for the subject property, a vast tract of land in upstate New York. Both sides retained multiple real estate appraisal experts to establish the value of the land at issue, with the outcome hinging on the credibility and admissibility of their respective methodologies.

In the recent case of Daniel Crowder, Respondent, vs. Ingram Barge Company, LLC, Appellant, Missouri Court of Appeals 2023, the role of the Finance Expert Witness was central to the dispute over damages for impaired earning capacity following a workplace injury. This case provides a clear illustration of how courts evaluate the reliability and admissibility of expert financial testimony, and the standards applied under Missouri law.

Background and Parties

Daniel Crowder, the respondent, brought suit against Ingram Barge Company, LLC, alleging significant losses due to impaired earning capacity resulting from an incident during his employment. The central issue at trial was the quantification of Crowder’s economic losses, which required specialized financial analysis and projections. To substantiate his claims, Crowder retained Dr. Summary as a finance expert witness to testify regarding the extent and calculation of his alleged losses.

In the recent appellate decision of Duennebeil v. Paramount Financial Services, 2025 UT App 141, the Utah Court of Appeals addressed the pivotal role of a Business, Financial & Marketing Expert Witness in litigation involving claims of negligence and misrepresentation by financial professionals. This case provides critical guidance on when expert testimony is required to establish the standard of care in complex investment disputes.

Background and Parties

A group of investors, including Roxanne Duennebeil and others, brought suit against Paramount Financial Services, Inc.—operating under the business name Live Abundant—its founder Douglas R. Andrew, and several licensed insurance agents. The investors alleged that the defendants introduced and recommended a real estate investment product that ultimately failed, resulting in significant financial losses. The claims included breach of fiduciary duty, negligence, negligent misrepresentation, and unjust enrichment.

In the recent case of Emmons v. Jesso, 2025, the California Court of Appeal addressed complex issues surrounding residential lease disputes, landlord-tenant obligations, and the admissibility and impact of expert testimony. The role of the Leasing Expert Witness was pivotal in clarifying industry standards and lease interpretation, ultimately influencing the jury’s verdict and the court’s legal analysis.

Background and Parties

The dispute arose when a tenant leased the lower level of a Los Angeles residential property in 2015. In 2016, a new landlord acquired the property and made improvements at the tenant’s request. By 2018, the landlord sought to reclaim the unit for personal use, offering compensation for the tenant to vacate. The tenant refused, alleging harassment and asserting entitlement to substantial back rent. The situation escalated as city agencies issued and later rescinded orders regarding the unit’s legality. Despite the landlord’s efforts to resolve regulatory concerns and provide documentation, the tenant ceased rent payments, citing the unit’s alleged illegality, and remained in possession for over a year without payment. After the landlord initiated eviction proceedings and provided relocation payments, the tenant eventually vacated the premises.

In the pivotal case of Estate of Olsen v. Agtegra Cooperative, South Dakota Supreme Court 2023, the role of the Agricultural Expert Witness was at the heart of the dispute over alleged herbicide damage to a stand of ponderosa pine trees. This case illustrates the indispensable function of expert testimony in agricultural litigation, particularly where causation hinges on scientific and technical knowledge beyond the ken of lay jurors.

Background and Facts

The plaintiffs, the Estate of Olsen, owned property in Spink County, South Dakota, where they operated a hunting business and maintained a significant stand of ponderosa pine trees. In October 2014, while guiding a hunting party, the Olsens’ son observed a crop duster spraying herbicide on adjacent farmland. Shortly thereafter, the Olsens noticed substantial damage and death among their pine trees, which they attributed to herbicide drift from the aerial application.

In the case of Expert Riser Solutions, LLC v. Techcrane International, LLC, 2019, the Louisiana Court of Appeal, First Circuit, addressed complex claims arising from alleged defects in offshore pedestal cranes. The litigation prominently featured the testimony of a Cranes Expert Witness, whose analysis and opinions were pivotal in shaping the court’s evaluation of liability and causation.

Background and Parties

Expert Riser Solutions, LLC (“ExPert”) initiated suit against Techcrane International, LLC (“Techcrane”), a manufacturer and supplier of offshore cranes, after discovering alleged defects in a crane system provided by Techcrane. ExPert claimed that the crane, installed on an offshore platform, suffered from design and manufacturing defects that rendered it unsafe and unfit for its intended use. Techcrane responded by raising exceptions, including no cause of action and prescription, arguing that ExPert’s claims were either barred by the Louisiana Products Liability Act (LPLA) or had prescribed due to untimely filing.

In the landmark case of Fidelity National Title Insurance Company of New York v. Intercounty National Title Insurance Company, 412 F.3d 745 (7th Cir. 2005), the federal courts addressed complex issues of escrow fraud, title insurance liability, and the admissibility of expert testimony. This case involved the catastrophic disappearance of $46 million from escrow accounts insured by Fidelity National Title Insurance Company, following a sophisticated scheme orchestrated by the principals of Intercounty National Title Insurance Company (INTIC).

Background and Parties

Fidelity National Title Insurance Company, a major title insurer, brought suit against INTIC, its principals, and related entities after discovering that funds had been systematically looted from escrow accounts under its coverage. The fraud spanned several years and involved the transfer of millions from accounts reinsured by Fidelity to those reinsured by Stewart Title Guaranty Company (STG), another title insurer. Fidelity alleged that STG was unjustly enriched, as the stolen funds replenished accounts for which STG would otherwise have been liable, thereby reducing STG’s exposure and increasing Fidelity’s losses.

In the recent case of Firmus Centro, LLC v. ATX Self-Storage, LLC, Texas Court of Appeals 2024, the role of the Self Storage Facilities Expert Witness was pivotal in resolving a complex dispute over property access, safety, and compliance with industry standards in the self-storage sector.

Background and Parties

Firmus Centro, LLC (“Firmus”) brought suit against ATX Self-Storage, LLC (“ATX”) alleging repeated violations of an Easement Agreement governing ingress and egress to the self-storage facility. Firmus claimed that ATX’s construction of loading areas shorter than required and its failure to prevent vehicles from blocking the driveway created safety hazards and breached the agreement. The dispute centered on whether ATX’s facility design and operational practices met prevailing industry standards for self-storage properties and whether these practices constituted a material breach warranting injunctive relief.