The importance of expert opinion (offered either by affidavit or in deposition testimony) in summary judgment practice cannot be overstated. We have previously written about this in a number of different contexts: medical malpractice (https://www.videntpartners.com/blog/2019/medical-expert’s-affidavit-opposition-summary-judgment-fails-establish-triable-issue), health insurance coverage (
Surprisingly, the Wisconsin Supreme Court recently split 5-4 on this seemingly noncontroversial question. The case is Strauss v.
This case points up the extreme care and attention to detail that a plaintiff’s attorney must exercise in reviewing an expert’s affidavit in opposition to summary judgment. The case is Fernandez v. Alexander (Calif. Ct.