Blog - Expert Witness

Posted on May 23, 2019 by Marty Aisenberg

As in any professional malpractice litigation, the plaintiff in a legal malpractice case must present expert opinion testimony to establish that the defendant breached the standard of care.  Unlike other professional malpractice cases, however, the causation issue in a legal malpractice case – namely, whether the client would have achieved a better result if the attorney had handled the matter properly – almost always presents a question of law, and such questions are not a proper subject for expert testimony.  As a federal court of appeals tartly observed, “Each courtroom comes equipped wi

Posted on April 2, 2019 by Arie George

I’m sure our readers will remember the multiple lawsuits filed against Ford in 2013, with attendant heavy media coverage, claiming that certain Ford vehicles were prone to unintended acceleration (UIA).  The cases were consolidated in the U.S.

Posted on March 21, 2019 by Flatwater Forensics

Vident Partners provides both consulting and testifying experts for all types of litigation.  When an expert in a highly specialized field is needed, we often work with strategic partners, one of which is Flatwater Forensics.  Below is a white paper from Flatwater discussing the advantages of engaging a consulting expert at the earliest stage of litigation.  We are confident that our clients will find it of interest. 

 

Posted on February 21, 2019 by Peter George

Material for a law-related blog sometimes comes from an unexpected source.

Posted on February 19, 2019 by Marty Aisenberg

The South Dakota Supreme Court recently upheld summary judgment against the plaintiff in an auto accident case who failed to submit an affidavit from a medical expert on the issue of causation.  Cooper v.

Posted on February 12, 2019 by Arie George

A recent opinion of the US Court of Appeals for the Seventh Circuit, Kopplin v. Wisconsin Central Limited, http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2019/D02-01/C:17-3602:J:Sykes:aut:T:fnOp:N:2286594:S:0, is an excellent reminder that a case can fail without a well-chosen and properly prepared expert witness. 

Posted on December 10, 2018 by Marty Aisenberg

Many states require the plaintiff’s expert in a medical malpractice case to be board certified in the same specialty as the defendant.  The dire consequence of an attorney’s failure to meet this requirement precisely was recently demonstrated in Shadrick v. Grana (https://acis.alabama.gov/displaydocs.cfm?no=907441&event=5BT0M4P9Y).

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