Edward Maggio, J.D., M.S.
Edward Maggio, J.D., M.S., has a legal background in corporate law and compliance matters. Edward graduated with Honors from New York Law School and completed his Master of Science in Criminology and Criminal Justice at Oxford University.
Expert “Prestige”: How Much Does It Matter What University Your Witness Attended?
The issue of whether an expert’s prestige is worth the high cost of services has been questioned by many trial attorneys. Although it may be tempting to hire the most expensive and prestigious expert witness to testify, your expert’s pedigree may not necessarily guarantee a victory. An out-of-town expert with prestigious credentials from an Ivy
Posted on July 11, 2019 in Working with Experts
AI Medical Device Makers Still Protected By Preemption – But For How Long?
With the advance of AI in the medical device field, questions have risen as to whether medical device makers may risk future liability following recent FDA efforts. AI medical devices are innovative and groundbreaking. However, potential liability questions center on the nature of these devices and their unique learning abilities. Currently, the approval process set
Posted on July 18, 2019 in Expert Persepectives
False Expert Statements: Legal Consequences for Expert Witnesses and Attorneys
Expert witnesses are invaluable for explaining to a jury any complicated medical, technical, or scientific evidence. As professionals who are necessary for complex litigation, they often charge substantial fees. But in pursuing such fees, expert witnesses may be tempted to stray from the truth in their testimony. Overzealous or careless testimony by an expert
Posted on July 30, 2019 in Working with Experts
Know Your Enemy: How Researching Opposing Experts Can Strengthen Your Position In Court
Trial prep requires an attorney's readiness to challenge the testimony offered by the opposition. This includes confronting the testimony offered by an expert witness.
Posted on August 6, 2019 in Trial Tactics & Working with Experts
Ethical Challenges When Using Treating Physicians as Expert Witnesses
It’s not unethical for treating physicians to testify as expert witnesses in legal proceedings. However, physicians offering expert testimony for their own patients are increasingly coming under scrutiny. Such testimony tends to bring about sensitive concerns and issues. For these reasons, it’s generally ill-advised for treating physicians experts to provide testimony unless certain guidelines are
Posted on August 22, 2019 in Finding & Selecting Experts & Working with Experts
Limits of Expert Testimony: Staying Within Scope
Expert witnesses play a unique role in court cases.
Posted on September 12, 2019 in Resources for Experts & Working with Experts
Infant Death on Royal Caribbean Cruise Ship: Premise Liability or Human Error?
On July 7th 2019, the Wiegand family suffered the worst nightmare imaginable for any parents. While their ship, Royal Caribbean International’s Freedom of the Seas, was docked in San Juan, Puerto Rico, the Wiegand’s 18-month-old daughter, Chloe, fell from the 11th deck onto the concrete pier and died. Prior to the fall, the child was
Posted on September 25, 2019 in Litigation Monitor
Summary Judgment in Personal Injury Cases: The Importance of an Expert
In the context of personal injury cases, summary judgment motions must show that there are no material facts at issue. As a matter of law, the moving party is entitled to a judgment in their favor. Often summary judgment motions are filed by defendants or rebutted by the plaintiff using experts. Such experts increase the
Posted on October 1, 2019 in Working with Experts
Avoiding Cumulative Expert Witness Testimony in Class Action Lawsuits
To win a class action matter, a lawyer may use multiple experts in order to successfully drive home their client’s argument. It is a common strategy that more experts testifying to the liability of the defendant should result in an easier win for the plaintiff. However, it is very easy for a lawyer to overlook
Posted on October 8, 2019 in Working with Experts
Physician’s Failure to Register Under Medical Malpractice Act Leads to $10 Million Damage Award
Sousa v. Prime Healthcare Services-Garden City Hospital In 2002, Dominic Sousa was playing on a trampoline when he broke his arm. At the Children’s Hospital, a Michigan doctor on a training rotation in New Orleans set Sousa’s injured arm in a cast. Unfortunately, it began to swell uncontrollably soon after. By the time the cast
Posted on October 29, 2019 in News