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Expert Witnesses
Dueling Experts and Imperfect Verification, by
Kenton K. Yee.
This article describes the behavior of dueling experts giving financial testimony in shareholder litigation.
Federal.
10 pages. Written:
2008. Added:
12-14-2008.
International Review of Law and Economics
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Expert Witnesses
Deposing Experts - Ten Steps to Success, by
Todd Winegar.
This article describes the The Importance of Experts. Few steps which lead to success are: 1- Credibility; 2 - Preparation; 3- Daubert; 4 - Clear Thinking; 5. Limit the Testimony’s Impact and etc.
Non-Specific.
18 pages. Written:
2008. Added:
11-21-2008.
Todd Winegar
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Evidence
Expert Witnesses and Reports, by
Hon. Rose Guerra Reyna, David A. Chaumette.
This paper will first review these three issues mentioned above: (1) the Robinson test for the admissibility of expert testimony; (2) preservation of error under Robinson; and (3) preservation of error under the alternative methods that have developed following Havner. Finally, this paper will also discuss (4) Texas statutory requirements for expert reports and (5) unique expert issues that arise in specific areas of the law.
Non-Specific.
99 pages. Written:
2008. Added:
5-10-2008.
State Bar of Texas
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Expert Witnesses
Expert Witness Update and Attorneys as Testifying Experts (Except on Attorney’s Fees), by
C. Thomas Kruse.
This paper examines practical & theoretical legal issues that arise in examining & cross examining expert witnesses & ultimately challenging their testimony - in Texas state & federal civil trial courts. This paper also focuses on specific issues recently decided by Texas Supreme Court, including its recent decision in Borg-Warner Corp.v. Flores.
Non-Specific.
25 pages. Written:
2007. Added:
4-02-2008.
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Expert Witnesses
The Expert Extrapolation Mirage, by
Ronald E. Hood and John E. Cuttino.
This article
discusses the use of statistics to separate valid opinions based upon scientifically proven methods
from those based upon assumptions and unfounded beliefs. The discipline of “statistics” is an underappreciated tool that can be used to analyze the validity of expert opinions and evidence.
Non-Specific.
7 pages. Written:
2006. Added:
10-22-2007.
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e-Discovery
Electronic Discovery and Computer Forensics Caselaw, by
Kroll Ontrack.
Comprehensive survey of case law includes topics on discoverability, procedure, production of data, costs, preservation & spoliation, sanctions, work product doctrine & privilege, expert witnesses, computer forensic protocols and evidence admissibility.
Non-Specific.
145 pages. Written:
2007. Added:
10-07-2007.
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Expert Witnesses
Daubert Having Little Effect on Expert Witness Consulting, by
Brian Reuter, Guideline, Inc..
In Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993), the Supreme Court overhauled the standards for admitting expert witness testimony in federal court. A 2005 national Guideline study surveyed 140 scientific experts to determine if Daubert had an effect on lawyers use of expert witnesses.
Non-Specific.
4 pages. Written:
2005. Added:
10-05-2007.
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Expert Witnesses
Effective Presentation Inside and Outside the Courtroom, by
David Ferleger, Esq..
A litigator offers practical advice for an expert, including testifying, strategic roles, being proactive, importance of the report, Daubert, courtroom demeanor, and more.
Non-Specific.
26 pages. Written:
2007. Added:
9-09-2007.
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Expert Witnesses
Independent Judicial Research In The Daubert Age, by
Edward K. Cheng.
This Article advocates for a neglected but important method for improving scientific decisionmaking—independent judicial research. It argues that judges facing unfamiliar and complex scientific
admissibility decisions can and should engage in independent library research to better educate themselves about the underlying principles and methods.
Non-Specific.
53 pages. Written:
2007. Added:
8-02-2007.
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Expert Witnesses
Finding and Researching Experts and Their Testimony, by
Michael Brennan, Miller Canfield, David Dilenschneider, Myles Levin, Carole Levitt, Jim Robinson.
The purpose of this article is to suggest various online resources that can be used to find experts, gather information about them (whether your own or the opposing party’s), and assess the admissibility of their
testimony – as well as tips on how the information uncovered might be utilized.
Non-Specific.
23 pages. Written:
2007. Added:
8-02-2007.
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Intellectual Property
A Potential Lightsaber In The “Dictionary Wars”, by
Justin E. Gray.
Texas Digital for a short time held out hope that a simple dictionary definition of a complex term in a patent case could avoid
the need for expert witnessess and quickly clarify many claim construction issues. This was to be accomplished by raising the status of a dictionary to a primary source of information for the judicial construction of patent terms.
Non-Specific.
4 pages. Written:
2007. Added:
5-10-2007.
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Energy
Advance Oil and Gas Short Course: Case Law Update, by
H. Martin Gibson.
Case law summary includes reserves, UCC revocation of acceptances, division orders, covenants running with the land, rejecting expert witnesses, law of waste, operating agreements, damages in drainage cases.
Non-Specific.
35 pages. Written:
2007. Added:
4-26-2007.
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Expert Witnesses
Daubert: A Practical Guide to Challenging Your Opponent's Expert - And Protecting Your Own, by
J. Hampton Skelton.
The presentation will address practical issues in making & defending challenges to admissibility of expert testimony with an emphasis on Daubert/Robinson standards & practical tips for achieving your goals. Civil trial procedure and criminal procedure may always invove an expert who will testify to the veracity of almost anything.
Non-Specific.
25 pages. Written:
2005. Added:
4-09-2007.
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Product Liability and Mass Tort
A Daubert Motion: A Legal Strategy to Exclude Essential Scientific Evidence in Toxic Tort Litigation, by
Ronald L. Melnick, PhD.
In the US Supreme Court’s Daubert v Merrell Dow Pharmaceuticals, Inc decision, federal judges were directed to examine the scientific method underlying expert witnesses evidence and admit that which is scientifically reliable and relevant. Article discusses issues in toxic tort context.
Non-Specific.
5 pages. Written:
2006. Added:
3-30-2007.
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Expert Witnesses
Better Expert Disclosure in New York? Change Outdated CPLR 3101(d), by
Steven A. Stadtmauer.
The Legislature crafted the expert witness disclosure rule, CPLR 3101(d), to provide for adequate and thorough trial preparation and conservation of judicial resources through fostering early settlement. As enacted, however, the statute is ineffective
at eliciting adequate disclosure and in alleviating heavily burdened court dockets.
New York.
8 pages. Written:
2007. Added:
3-27-2007.
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Expert Witnesses
Examination of Expert Witnesses: Effective Direct and Cross Examination, by
C. Thomas Kruse, Baker & Hostetler LLP.
This paper examines the practical and theoretical legal issues that arise in examining and cross-examining expert witnesses – and ultimately challenging their testimony - in the Texas state and federal civil trial courts. Includes federal court standards of Kumho Tire Co. v. Carmichael, and Daubert v. Merrell Dow Pharmaceuticals, Inc.
Non-Specific.
34 pages. Written:
2005. Added:
3-26-2007.
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Marital and Family
Protecting Children From Incompetent Forensic Evaluations and Expert Testimony, by
Mary Johanna McCurley, Kathryn J. Murphy, Jonathan W. Gould.
Mental health professionals are frequently appointed by courts to become involved in custody cases in the role of child custody evaluators and expert witnesses. This role requires that the mental health professional assess the fit between a minor child’s emerging developmental and socioemotional needs and the parents’ comparative ability to meet those needs.
Non-Specific.
44 pages. Written:
2005. Added:
3-21-2007.
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e-Discovery
Do-It-Yourself Electronic Discovery Tools, by
George Socha.
Article and listing of software tools for the litigation support do-it-yourselfer . The tools range from ones intended only for use by properly trained computer forensics expert witnesses to ones any of us can load on our machines and begin working with after only minimal instruction.
Non-Specific.
3 pages. Written:
2003. Added:
3-21-2007.
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Evidence
Cross-examination of the Computer Forensics Expert, by
Craig Ball.
Today, some 95% of all documents are created using computers. Daily electronic mail traffic far outstrips postal mail & telephone usage combined. The goal of this paper is to improve the caliber and candor of those who testify as computer forensics expert witnesses and to help lawyers get to the truth, not obscure it.
Non-Specific.
6 pages. Written:
2005. Added:
3-19-2007.
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Expert Witnesses
Law and the expert witness- the admissibility of recorded evidence, by
Tom Owen1, Jennifer Owen, Jill Lindsay, Michael McDermott, Owl Investigations, Inc,.
This paper will address the issues and procedures involved in the introduction of scientific evidence into a court of law. The recorded evidence issues covered herein will provide audio expert witnesses with the
basics of what to expect and how to prepare for a courtroom presentation of audio evidence.
Non-Specific.
7 pages. Written:
2005. Added:
3-18-2007.
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Expert Witnesses
Recent Developments In The Daubert Swamp, by
Richard R. Orsinger, Nelson & downing, l.l.p..
This Article discusses the rules relating to expert witnesses in Texas litigation: admissibility, preservation or error, sufficiency of the evidence, and standards of appellate review. It also discusses recent Texas Supreme Court decisions relating to expert evidence.
Non-Specific.
33 pages. Written:
2005. Added:
3-15-2007.
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Expert Witnesses
Protecting Attorney Work Product In Communications With Testifying And Consulting Experts, by
Margaret W. Tindall and Stewart D. Fried.
You are defending your first expert deposition when opposing counsel starts questioning the witness about your communications with the expert: What did you tell the expert about the plaintiff’s claims? You instinctively object and instruct the witness not to answer, claiming the answers are protected by the attorney
work product doctrine.
Non-Specific.
3 pages. Written:
2006. Added:
3-13-2007.
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Civil Trial Practice
Adding a Forensics Accountant to Your Team, by
Kevin Flaherty.
Use of computer forensics expert witnesses in accounting cases to determine GAAP standards.
Non-Specific.
5 pages. Written:
2005. Added:
3-08-2007.
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Health Care
Current Perspectives on Healthcare Governance, a Roundtable Discusson of Experts, by
Stuart Silverman.
Discusses use of expert witnesses in civil pre-trial discovery in helath care matters.
Non-Specific.
11 pages. Written:
2007. Added:
3-08-2007.
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