Find Experts
Home > News


Del. Supreme Court: Trial Judge Misinterpreted Expert Testimony Precedent

Originally published in the Delaware Law Weekly, an ALM Media publication, on August 22, 2018. By: Tom McParland   The Delaware Supreme Court has revived medical negligence claims against a doctor and a women’s health clinic, finding a lower court judge improperly excluded expert testimony regarding a procedure gone wrong. A three-judge panel of the high court ruled Tuesday that Superior Court Judge William L. Witham Jr. misinterpreted Delaware precedent for establishing the reliability of expert testimony, and ordered the judge to revisit a ruling that granted summary judgment in favor of All About Women and Dr. Christine W. Maynard, who practices gynecology for the Newark-based clinic. The ruling wiped out a November 2017 order from Witham, which foun... Read More >

Ford Appeals Sanctions in Roof Crush Case

Originally published in the Daily Report, an ALM Media publication, on August 17, 2018. By: Kathryn Tucker   Ford Motor Co. is appealing what its lawyers are calling civil capital punishment in a contentious roof crush case that ended in a mistrial. Ford lawyers have repeatedly asked to file interlocutory appeals in the product liability wrongful death case filed by the family of South Georgia farmers Melvin and Voncile Hill, who died in a rollover crash in their F-250 Super Duty pickup truck. The company has filed a new notice of appeal based on Gwinnett County State Court Judge Shawn Bratton’s imposition of sanctions against Ford for repeatedly violating his orders. Bratton declared a mistrial in April after Ford’s lead counsel took an expert witness ... Read More >

Facebook Evidence Authentication: Another 'Boring' E-Disco Opinion (Part I)

Originally published in the The Legal Intelligencer, an ALM Media publication, on August 30, 2018. By: Leonard Deutchman   Editor’s note: This is the first in a two-part series. In my January and June 2018 columns, I wrote about how great it was to read boring e-discovery opinions. By “boring” opinions, I meant those which applied longstanding legal principals to cases that just happened to involve e-discovery, as opposed to the many, many opinions we have read over the last several years in which, because e-discovery involved technology that was new and, to many readers, baffling, spent more time wrestling with the technology (and often losing) than reasoning regarding the law. I am happy to say that in this month’s column, we will discuss a third such bo... Read More >

Expert Witnesses Should Avoid Puffery

We have cautioned before about following the practices of other business-to-business professional services marketing.  It is not simply communicating the benefits of your services to prospects.  For you, as an expert witness, reaching attorney prospects is only the tip of the iceberg. Once an attorney determines you are possibly the right expert for the case, she is looking not only at your qualifications, but also how easy you will be to work with, how you will come across to the triers of fact, what opposing counsel could use to attack you, how you communicate, etc. So in contrast to other B2B marketing, expert witnesses should not promise results or offer guarantees, be “salesy,” give out coupons or discounts, or use self-serving subjective descriptions of themselve... Read More >

Is Insurance a Safety Net for Phishing or Whaling Attacks?

Originally published in the Daily Business Review, an ALM Media publication, on August 8, 2018. By: Walter J. Andrews Just when one thought it was safe to go back into the water companies are being victimized by sophisticated and pervasive social engineering fraud attacks. “Social engineering fraud” is a broad term that generally refers to computer scams used by cybercriminals to trick their victims into transferring confidential information and funds. “Phishing” is the most common form of social engineering fraud for which the fraudster sends an email impersonating a vendor, client or supervisor of the company and advises that banking information for the vendor/client has changed or company funds immediately need to be wired at the “supervisor’s” direction. Such ... Read More >

Jury Returns $1.55M Verdict for Failure to Prevent Jail Inmate's Suicide

Originally published in the New York Law Journal, an ALM Media publication, on June 21, 2018. By: Charles Toutant The family of a man who killed himself while being held in the Ocean County Jail was awarded a $1.55 million verdict Wednesday in a suit claiming jail administrators failed to follow their own suicide-prevention policy. The jury found that Ocean County was 60 percent liable for the death of Kenneth Conforti, and a private health care contractor, Correctional Health Services, was  40 percent liable. The jury’s apportionment of fault brings the county’s payout to $930,000, though Correctional Health Services entered into a confidential settlement in the case before trial. There were 63 attempts at suicide or self-injury in the Ocean County Jail betwee... Read More >

Reducing the Legal Challenges of Employing Independent Contractors

Originally published in the Corporate Counsel, an ALM Media publication, on June 26, 2018. By: John A. Pearce The employer-employee relationship is being transformed by technology’s impact on business as witnessed by the soaring number of independent contractors. As a percentage of the total workforce it has doubled in the past 10 years to 12.9 percent. Unfortunately, employment classification laws in the United States have failed to keep pace. Government statistics show that 30 percent of companies intentionally or inadvertently misclassify and shortchange workers, making these employers subject to fines, class action lawsuits, and reputational damage. My research recommends that executives make one important change in hiring practices to reduce misclassification an... Read More >

NY Courts May Take Judicial Notice of Google Maps Under New State Law

Originally published in the New York Law Journal, an ALM Media publication, on June 25, 2018. By: Dan M. Clark Using digital mapping services in court will be easier for litigants thanks to a bill passed by the state legislature last week. Senate Bill S9061, sponsored by State Sen. Michael Gianaris, D-Queens, will allow judicial notice of online web mapping or global imaging websites, like Google Maps and Google Earth. That will make using those services in court a lot easier. It will also save litigants time and money, Gianaris said. “Typically any case of this kind would have to be validated by other evidence to support,” Gianaris said. “We already rely on Google maps to tell us where we are or where we’re going, why don’t the courts do the same?” The b... Read More >

Providing Opposing Expert’s Report

By: Dennis J. Ryan, Forensic Document Examiner Many times, the issue comes up as to whether an expert should see the opposing expert’s report. In the initial phone call or email, the attorney may inform the expert that opposing counsel has retained an expert, but they are not sure of his or her name. Other times, the attorney may casually include the opposing expert’s report with the initial paperwork that they submit to the expert. There are two schools of thought on whether an opposing expert’s report should be disclosed to the other expert. One school of thought is not to disclose the other expert’s report. There are reasons why one could argue not to disclose the other expert’s report. The principal reason is so that the expert can con... Read More >

Medical Examiner's Report Inadmissible in Wrongful Death Case, Appellate Division Rules

Originally published in the Daily Business Review, an ALM Media publication, on January 25, 2018. By: Dara Kam. A New Jersey appeals court has ruled that a plaintiff in a wrongful death action does not have an absolute right to use a medical examiner’s death certificate as evidence to support his or her claim. The Appellate Division panel in a published ruling said that in most cases, the certificate of death contains hearsay and net expert opinion, which, in the present case, was properly excluded by a trial judge. “We hold that the [State Medical Examiner Act] does not provide an absolute right to a civil plaintiff to admit the full contents of a certificate of death,” wrote Appellate Division Judge Jack Sabatino. Since ... Read More >

Love Print

Expert Witness Directory: Print Version

Love Print? The entire experts directory is also available in Print
Teen passenger paralyzed in crash
Build your case with confidence: research 200,000+ verdicts and settlements.