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Credibility Expert Witness

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

IMS Legal Strategies on

As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

Miles Mediation & Arbitration

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends: Expert Bad Behavior: The Problem and Potential Solutions

Imagine sitting in a conference room with your carefully crafted set of questions for a deposition, and you are exploring the basis for an opposing expert’s opinions. But instead of giving thoughtful answers, the expert...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Holland & Hart - Your Trial Message

Experts: Use Counterfactuals

As of press time for this post, 173,094 Americans have died from the novel coronavirus. If the United States had followed the example of other developed countries by taking earlier and more decisive actions against the virus,...more

Sands Anderson PC

Affirmed: Think Twice Before Retaining An Expert Who Has Been Subject To Disciplinary Proceedings

Sands Anderson PC on

If you decide to retain an expert with a past disciplinary history, be prepared for that information to be used at trial to attack your expert’s credibility! In Gross v. Stuart the Supreme Court of Virginia held that it was...more

White & Case LLP

Witness for the prosecution – the problem of expert witnesses in criminal trials

White & Case LLP on

Many will be aware of Agatha Christie's popular and much-adapted tale involving a witness for the prosecution whose evidence is undermined. But, in the real world, last month we saw the latest discrediting of an expert...more

Holland & Hart - Your Trial Message

Rehabilitate Your Lying Witness

It was another big moment yesterday as Michael Cohen, President Trump’s former personal lawyer, testified publicly before the House Oversight Committee. Widely seen as an opening act prior to Special Counsel Robert Mueller’s...more

Holland & Hart - Your Trial Message

Experts: Be Experienced, Confident, and Visual

Recently, I was running a mock trial exercise with three retired judges. Reviewing the testimony, one shared a skepticism toward the “hired-gun” engineers they had heard, and opined that what is “more important is the...more

Holland & Hart - Your Trial Message

Admit it Experts, You Don’t Know Everything

Experts know things. That’s what makes them experts. That is why they’re allowed in court: to inform the jury’s or judge’s understanding. Once there, of course, they are picked apart by an adversary with the goal of making...more

Knobbe Martens

Elbit Systems Of America, LLC v. Thales Visionix, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Moore, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The PTAB is entitled to weigh the credibility of expert witnesses, and attorney argument cannot be...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Today the Circuit agreed to hear en banc Nantkwest v. Matal,in which the panel had reversed a district court decision that had rejected the PTO’s position that applicants who appeal a district court must pay the PTO’s legal...more

Cohen & Gresser LLP

Second Circuit Labels Expert’s Testimony a Sham in Pharmaceutical Products Liability Litigation

Cohen & Gresser LLP on

As a little kid, I did not have an immediate appreciation that my actions could get me into trouble, and so, without thought, I told the truth. My dad would ask, “Did you write your name on the wall?” I would respond,...more

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