Articles by Christine Funk

Dram Shop Lawsuits: The Best Experts To Retain

In a legal context, the phrase “dram shop” refers to establishments that sell alcoholic beverages, including bars, restaurants, taverns, bowling alleys, and the like. A “dram” is a unit of measurement in the apothecary system of measurement which can refer…

Posted on in Working with Experts

Types of Expert Witnesses

Because of the wide variety of cases that come before the courts, there is a wide variety of experts that come to court to offer testimony. Some experts may find their personal expertise can cross over from one area of…

Posted on in Working with Experts

Disclosure Rules: When To Share An Opposing Expert Witness’ Report

Rule 26 (a) (2) of the Federal Rules of Civil Procedure calls for the mandatory disclosure of any expert witness either side “may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705.”  FRE 702…

Posted on in Working with Experts

Legal Malpractice Cases: When To Call An Expert Witness

In many legal malpractice cases, experts are used to explain to the jury what the applicable standard of care is so jurors can adequately assess whether there was a breach in the attorney’s duty to the client/plaintiff. Elements of Legal…

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4 Ways Experts Can Help You Win Before Trial

Every lawyer who has considered hiring an expert witness understands the importance of expert witness testimony at trial. When searching for and vetting experts, an attorney knows that in many cases, their selection of experts may win or lose the…

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UFC Antitrust Hearing Brings in Expert Witness Support

Former UFC fighters have filed a class action antitrust lawsuit against the Ultimate Fighting Championship (UFC) alleging that the UFC had a monopoly on fighters as well as a monopoly on their labor (monopsony). Before a class action is permitted…

Posted on in Litigation Monitor & News

The Benefits & Ground Rules of Jointly Retained Expert Witnesses

There are times when a court case demands the input of one or more experts. However, this does not necessarily mean each party must have their own expert. Consider, for example, a divorce case where a parenting expert is needed.…

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When Can a Judge Say a Plaintiff’s Had Enough Time to Find an Expert?

In October of 2018, a Federal Court denied plaintiffs their motion for an extension and amendment of the scheduling order.  The case provides an illustration of the importance of either following the scheduling order or taking steps to establish due…

Posted on in Litigation Monitor & Working with Experts

12 US States Join Forces to File First Ever Multi-State Data Breach Lawsuit

An Indiana court will serve as the venue for the first-ever multistate data breach lawsuit, as the attorneys general of twelve US states join forces against a healthcare provider and its subsidiary. The lawsuit alleges that Fort Wayne-based Medical Informatics…

Posted on in Litigation Monitor & News

When Does the Number of Experts Used By One Side Become Cumulative?

In Shallow v. Follwell, plaintiffs Heather Shallow, Michael Bishop, and Todd Bishop sued Dr. Richard Follwell, alleging the negligent wrongful death of the plaintiffs’ mother after her bowel was perforated during surgery.  Plaintiffs alleged that in addition to perforating the…

Posted on in Working with Experts