Three immunology experts testified. The testimony of the first was allowed on reliability factors. Another was allowed on reliability factors, but denied on experiential grounds. A third (for defendant) was allowed on reliability grounds. Facts: This case (Hovey v. Cook – U.S. District Court of West Virginia – March 26th,…
U.S. Circuit Judge Richard A. Posner in Chicago excluded damages expert witness testimony in Apple v. Motorola (1:11‐cv‐08540), ruling that neither Apple nor Motorola have been able to prove damages and will not be allowed to refile a claim. Regarding expert testimony, Judge Posner said: The biggest challenge to the…
A Florida House panel has approved a bill that would lead to tougher standards for expert witnesses. HB 243 would replace the Frye standard with the Daubert standard, bringing Florida more in line with expert testimony requirements in federal courts. Read more: news-press.com.
In Daubert: Very Convoluted, Usually Confusing to Many, Nevertheless Elegant, Armand Rossetti writes that it is the expert witness in the first instance, and not the court as gatekeeper, who is the judge of what resources to choose to assist her in forming an opinion. It is the expert who…
In Daubert: Very Convoluted, Usually Confusing to Many, Nevertheless Elegant, Armand Rossetti writes: Daubert also requires that an expert witness has to assist and not to confuse the Trier of fact. If the Jury (Trier of fact) can understand whether a substance in particular is able to cause an injury…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Until the law on the issue settles there are some practical steps counsel should take to address hybrid witnesses: (1) Make sure that the witness really is a “hybrid” witness. The fact that the witness…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Still other courts hold that no report is required from a hybrid witness, regardless of the nature of the opinion testimony they will provide, if they were not “retained or specially employed” to provide expert…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Courts do not agree on this point. Some hold that a hybrid witness who did not prepare an expert report may testify only as to those matters on which they are testifying as a fact…
In Be Alert for the “Hybrid” Witness Editor-in-Chief of Daubert Online Patrick J. Kenny writes: Though generally straightforward, the expert disclosure provisions of Rule 26 do contain “gray” areas with respect to which counsel should be alert. For instance, parties must disclose the identity of all witnesses they might use…
In Daubert: Very Convoluted, Usually Confusing to Many, Nevertheless Elegant, Armand Rossetti writes: Pretrial Daubert hearings are essentially motions in limine that ultimately decide whether an expert is qualified, and whether that expert: 1) has based an opinion on sufficient facts or data; 2) will be able to testify using…