Reaching an objective, fact-based conclusion a court will admit into evidence requires learning how to properly dive into a case. You could start anywhere. But for efficiency’s sake, it’s better to take a step-by-step process that you can document and…

The U.S. Food & Drug Administration (FDA) has classified this as a Class I recall, the most serious type. The agency classified this recall under this category because of the product’s potential to cause serious injury or death. To date,…

The U.S. Food & Drug Administration (FDA) classifies benzene as a human carcinogen, according to the agency’s recall notice.  The Voluntary Recall The FDA released the recall notice on September 30, 2021, noting that the recall was a voluntary one…

For example, Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure requires witness reports to include a statement of all opinions and the basis and reasons for them. This includes all facts and data considered in forming the opinion, among…

Some medical malpractice case evaluations can solidly distinguish slam dunk cases from completely meritless ones. But, more often than not, most cases do not fall within the two extremes. Oftentimes, an expert’s review of records can result in a “borderline”…

The devices, which brace the spines of children with scoliosis, were the subject of recalls in 2020. The company reportedly fixed the previous mechanical issues. However, the FDA has since received complaints about other risks associated with the devices. Although…

Performing a site inspection for a legal matter for the first time can be intimidating. Whether you’re an expert witness inspecting a workplace, construction site, office building, or hotel, the legal team that hired you is relying on your opinion,…

The US Occupational Safety and Health Administration (OSHA) oversees a number of topics related to workplace safety. These include issues related to machine accidents, from the necessary signage and safety equipment to the due diligence required by employers to keep…

Federal Rules of Civil Procedure’s Rule 26 and the Duty to Disclose Overall, the Rules can provide information about proceedings that may help orient an expert witness to the process. Rule 26 covers a number of details related to the…

The case in point was  Reibenstein v. Barax, 236 A.3d 1162 (Pa. Super. 2020), a medical malpractice case. The Superior Court reversed and remanded the trial court’s summary judgment ruling in favor of the defendants. The opinion required the courts…