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

Expert Witnesses: Subpoenas and Compliance Issues

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…

Posted on in Working with Experts

Winning Strategies for Withstanding a Frye Challenge

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…

Posted on in Working with Experts

Replacing an Expert Witness Unexpectedly: What You Need to Know

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…

Posted on in Working with Experts

Grandfather Charged in Toddler’s Fatal Fall from Royal Caribbean Cruise Ship

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…

Posted on in News

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…

Posted on in News

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…

Posted on in Working with Experts

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…

Posted on in 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…

Posted on in Litigation Monitor

Limits of Expert Testimony: Staying Within Scope

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…

Posted on in Resources for Experts & 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…

Posted on in Finding & Selecting Experts & Working with Experts