Robert Ambrogi – IMS Expert Services – December 31, 2013 You’ve heard the saying, “You can’t put toothpaste back in the tube.” Well, how about expert testimony the jury wasn’t supposed to hear? Does a judge’s instruction to disregard the testimony put the toothpaste back where it belonged? The 10th U.S. Circuit Court of Appeals… Continue reading Excluding Expert Testimony the Jury Already Heard
Tag: expert witness
How Likable Should an Expert Witness Be?
Billy L. Akin – December 6, 2013 Credibility…..a vital ingredient of an expert witness. How about “likability”? Is this trait involved in the effectiveness of presenting testimony? Hastening to my conclusion, I think likability is crucial. Does this overall perception of another human not make a difference? When “your honor” puts on the robe and… Continue reading How Likable Should an Expert Witness Be?
Should Admittance of Expert Evidence Have a Price
IMS ExpertServices – November 7, 2013 Should the right to admit expert evidence in civil litigation have a price? Should courts be able to restrict reliance on expert evidence, subject to the lowest bidder? As extreme as that might sound in this country, that’s not a far cry from what recent amendments to the Civil… Continue reading Should Admittance of Expert Evidence Have a Price
Can Two Experts File Just One Report?
Robert Ambrogi – IMS ExpertServices – October 14, 2013 Federal courts prohibit expert witnesses from testifying unless they first file a written report of the opinions they will give and the facts they relied on in forming them. But is it ever acceptable for two separate experts to file a single, joint report? Yes it… Continue reading Can Two Experts File Just One Report?
Expert Fees Properly Awarded Under Offer of Judgment
David J. McMahon – July 1, 2013 In Martinez v. Brownco Construction Co. Inc., the California Supreme Court decided a unique issue under California’s offer of judgment procedure, Code of Civil Procedure Section 998. The court concluded that a second statutory offer does not extinguish a previous offer for purposes of Section 998’s cost shifting provisions. The plaintiffs sued… Continue reading Expert Fees Properly Awarded Under Offer of Judgment