The Best of The Expert Institute Blog 2016

With 2016 behind us, it’s the perfect opportunity to take a look back at the year and share some of the most read, talked about, and quoted posts from The Expert Institute blog in 2016. Below, we’ve compiled ten of the most read articles on The Expert Institute blog in 2016. Ranging from handy references, to the use of Dauber and Frye standards across the country, to a downloadable checklist of expert witness objections, to coverage of some of the year’s biggest verdicts and cases; the articles listed below represent the best of our blog in 2016.

1. The Ultimate Expert Witness Objection Checklist

Being familiar with objections to expert testimony is the best way to protect the credibility of your expert’s testimony and also challenge that of the opposing expert’s. From discovery to trial, there are several occasions where objections as to an expert’s opinion are proper. This in-depth article is a list of possible objections to look over before your next case involving an expert witness – Read More.

2. Surviving a Daubert Challenge: 6 Tips for Success

It’s less than a month before trial, and you’ve just learned that a Daubert challenge has been raised against your expert witness. Any attorney who has worked with an expert witness in litigation knows that a Daubert challenge presents the frightening possibility that an expert witness’ testimony may be wholly excluded from trial. This can be devastating if not fatal to a case; since Daubert is a direct challenge to the methodology used by an expert to formulate their opinion. Despite the terror that a Daubert challenge can cause; proper preparation, along with the right strategy, can help attorneys overcome or avoid Daubert challenges altogether – Read More.

3. Jury Awards $19.7 Million to Plaintiff in Medical Malpractice Case

On August 31st, a jury in Dallas awarded a $19.7 million verdict against Dr. Jennifer Marye Burris and Acute Surgical Care Specialists PLLC of Plano, Texas over the death of Katina Clark (29). She was left without oxygen for 35 minutes after her breathing tube was dislodged by hospital staff. Consequently, the verdict was awarded to Clark’s husband, Caden Clark, who survives her along with the couple’s two young children. The award included $3 million for loss of companionship, $2 million for mental anguish, $2.1 for pecuniary loss, nearly $1.2 million for medical expenses, more than $7.5 million for damages sustained in the past and future, as well as an additional $5 million for pain and mental anguish – Read More.

4. Daubert v. Frye – A State-by-State Comparison

As with all evidence, an expert witness’s testimony is subject to common law and rules governing its admissibility. The Frye and Daubert cases, both modified by subsequent decisions, along with Federal Rule of Evidence 702, have established the guidelines by which an expert witness’s testimony will be ruled admissible for its reliability or relevance. While federal jurisdictions are relatively well settled, states have incorporated different standards from the cases. A state may choose to follow Frye, Daubert, or some combination of the two. Therefore, we compiled the current admissibility standards for expert witnesses in all 50 states into a comprehensive infographic. This will help attorneys navigate these standards on a national level – Read More.

5. Successful Daubert Motions: Best Practices for Challenging an Opponent’s Expert

Executing a Daubert challenge against an opposing party can be the deciding factor in whether you win or lose a case. Due to the enormous consequences a Daubert challenge can have, it is important for any practicing trial attorney to understand how to execute a Daubert challenge, when to do so, and strategies relating to the execution of such a challenge. In this article, we’ve broken down the process of launching a successful Daubert challenge against opposing counsel’s expert to help you identify the right situation to deploy a gatekeeping challenge; as well as a step-by-step method to give your challenge the greatest chance of success – Read More.

6. Pokémon Go Lawsuits and The Expert Witnesses Needed to Win

In July of last year, Pokèmon experienced a surge in popularity among nostalgic millennials when it released its own location-based, augmented reality game for mobile devices, “Pokèmon Go”. The mobile app was developed by Niantic Labs. It allows players to see virtual Pokèmon on their cellphone screens as they navigate real-world locations. The goal of the game is to “capture” as many Pokèmon as possible; the chances of which are increased by walking to different locations and covering as much ground as possible. Like many overnight sensations, Pokèmon Go has also had some unexpected consequences – physical injuries. Thus, with personal injury and wrongful death claims looming over the gaming conglomerate that created the app; we evaluated the potential for expert witness involvement in Pokemon Go related lawsuits – Read More.

7. Preparing Your Expert Witness for Trial – A Checklist

One of the worst things an expert witness can do on the stand is to seem unprepared. Once the jury feels that a witness is unprepared, it is very difficult to repair confidence in that expert. However, thorough preparation before your expert’s turn on the stand can avoid the damage that an unprepared witness can inflict on your case. To make this easier, we’ve compiled a concise checklist also available as a free download for reference when preparing your expert witness for trial; so that your expert can provide the most effective testimony possible – Read More.

8. $502 Million Dollar Verdict Against Johnson & Johnson In DePuy Pinnacle Hip Implant MDL

A Texas jury awarded plaintiffs a $502 million dollar verdict in a recent bellwether trial against Johnson & Johnson’s Pinnacle hip implant device. The outcome of this intense and lengthy litigation made headlines after 37 days of testimony from both parties. As well as from numerous expert witnesses. The jury in this bellwether trial – which involved 5 plaintiffs who had received the company’s allegedly defective DePuy Pinnacle hip implant device – returned a verdict for $142 million in compensatory damages and another $360 million in punitive damages – Read More.

9. 15 Attorneys Share Their Expert Witness Horror Stories

In most instances, experts make great witnesses. They are usually personable, have good credentials, and have at least some litigation experience. Still, there’s always the possibility that something could go wrong, and an expert can quickly become a liability. Since one of best ways to avoid a problem is by learning from the experiences of others; we reached out to 15 leading attorneys and compiled a list of the worst experiences with expert witnesses both in and out of the courtroom – Read More.

10. Call in the Experts: Apple and Samsung Face Lawsuits Over Defective Phones

In today’s tech-driven age, we don’t just own phones, we live by them. So when both the Apple iPhone and Samsung Galaxy Note 7 experienced widespread malfunctions issues towards the end of 2016, it was no surprise that angry consumers wanted to have their day in court and hold these manufacturers liable for damages. However, each company’s phone suffered from a different problem; thus, the causes of action and case theories were to be different. However one thing was certain – expert witness testimony would be the focal point of litigation – Read More.