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Category

Working with Experts

April 14, 2022
Deposition, Featured, Working with Experts

How to Prepare for and Depose an Opposing Party’s Expert

Expert witness depositions are a great way to gain insight into how to best combat the opposing party’s expert and their opinions. If done correctly, a deposition can create a strong foundation for future voir dire, evidentiary challenges, and other…
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April 5, 2022
Featured, FRE, Daubert, & Frye, News, Resources for Experts, Working with Experts

Amendments to Rule 702 Signal Change for Expert Testimony Admissibility

Rule 702 is now slated to undergo another significant amendment. The change will reemphasize the governing standard of admissibility as well as the importance of reliability in the expert’s opinion. Last year, the Advisory Committee on Evidence Rules unanimously approved…
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March 1, 2022
Working with Experts

Why It’s Essential to Research Your Expert Witness’s Litigation History

Common Mistakes in Expert Witness Research Omitted or perfunctory research can often be prevented by accounting for the most common reasons it occurs. Proper preparation can ensure your team has the time and resources necessary to check your expert’s background…
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Updated on October 8, 2021
Featured, Working with Experts

What to Do with “Borderline” Medical Malpractice Cases: A Physician’s Perspective

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”…
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September 14, 2021
Featured, Finding & Selecting Experts, Working with Experts

3 Ways Attorneys Can Speed Up Their Case Timelines

Time is money, and few professionals are more aware of this than attorneys. For lawyers, time can affect the availability or quality of evidence and the ability to handle a case effectively. Several tools allow attorneys to reduce the time…
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August 11, 2021
Featured, Resources for Experts, Working with Experts

5 Causes of Unexpected Expert Exclusions

It’s essential to understand your jurisdiction’s standards for expert qualification—typically Rule of Evidence 702 and admissible scientific testimony. If you’re an expert, the opposing party may challenge your testimony or qualifications. If you’re an attorney, you must establish that the…
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Updated on August 11, 2021
Featured, News, Working with Experts

What Happens When Expert Testimonies Conflict?

The Slip and Fall Case: Malcolm v. Regal Ideas, INC. In Malcolm v. Regal Ideas, INC., the plaintiff alleged he sustained injuries while using a ladder sold by Regal Ideas, INC. While atop the ladder, the rungs broke beneath him,…
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Updated on August 24, 2021
Featured, Finding & Selecting Experts, Working with Experts

Legal Nurse Consultants: A Hiring Guide for Attorneys

Whenever an attorney is litigating a case involving personal injuries, the case almost always needs a medical expert’s assistance. These cases include medical malpractice, product liability, or workers’ compensation claims, among others. Medical professionals are uniquely qualified to opine given…
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Updated on August 23, 2021
Discovery, Trial Tactics, Working with Experts

Applying Virginia’s Collateral Source Rule to Insurance Defense Medical Experts

For plaintiffs’ lawyers in Virginia, facing a medical expert hired by the defense’s insurer poses a number of problems. Among them is the application of Virginia’s Collateral Source Rule. This rule prohibits plaintiffs and their attorneys from discussing the defendant’s…
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Updated on May 19, 2022
Featured, Legal Tech Solutions, Working with Experts

How Experts Can Help to Identify Your Bellwether

On one hand, you have the opportunity to stand up to mammoth manufacturers. You could secure justice for a class of injured consumers. On the other hand, you’re facing down a goliath. This giant likely has the legal team to…
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