Edward Maggio, J.D., M.S.

Subpoena Duces Tecum vs. Subpoena ad Testificandum As part of the discovery process, both sides generally require that documentation be disclosed prior to a case advancing. In this realm, a subpoena duces tecum is a subpoena for tangible objects and…

As litigation has become more complex, most advanced civil lawsuits rely on testimony from expert witnesses. Expert witnesses play a pivotal role in the jury’s determination of the outcome at trial. The expert witness is in a unique position to…

Depending on the stage that trial has reached, the court may place serious restrictions on the replacement of an expert. Even worse, replacing an expert at the last minute can be stressful and expensive for an attorney. Knowing the unique…

Officials in Puerto Rico have charged a grandfather with the negligent homicide of his 18-month-old granddaughter Chloe Wiegand, after he allegedly dropped her out of a cruise ship window. Prior to the fall, the child was in a clear-glass, enclosed…

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…

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…

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…

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…

Based on their credentials, professional experience, and review of evidence presented at trial, experts can offer testimony regarding events they did not witness firsthand. This is generally acceptable in personal injury cases, mass tort matters, or in trials involving accident…

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…