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The Expert Institute
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$25.75 Million Verdict Awarded to Plaintiff in Johnson & Johnson Asbestos-Contaminated Baby Powder Litigation
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A California jury awarded millions in damages to a plaintiff who allegedly developed mesothelioma after being exposed to asbestos in Johnson & Johnson’s baby powder products. The verdict comes on the heels of new developments in talc litigation, which focus on evidence of a direct connection between asbestos contamination in cosmetic talc products and mesothelioma.
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Read the full article: https://www.theexpertinstitute.com/25-million-verdict-johnson-johnson-asbestos-contaminated-baby-powder-litigation/
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Objections to Expert Testimony During a Federal Trial
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When it comes to expert testimony admissibility, federal courts follow their own unique rules and evidentiary standards. While objections are typically made pre-trial, they can also occur during trial without notice. In this post, we review potential objections attorneys should be aware of and how to avoid getting caught off guard in front of a jury.
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Read the full article: https://www.theexpertinstitute.com/objections-to-expert-testimony-during-a-federal-trial/
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Can A Non-Retained Expert Be Compelled To Testify?
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Although rare, courts may require a non-retained expert witness to testify. When attempting to force testimony it is necessary to be familiar with disclosure differences for expert and non-retained witnesses, common subpoena challenges, and the limits of expert testimony when compelled. Here we take a look at how the recent World Trade Center Lower Manhattan Disaster Site Litigation addresses some of these issues.
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Read the full article: https://www.theexpertinstitute.com/can-a-non-retained-expert-be-compelled-to-testify/
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A Brief History of Expert Witnesses in U.S. Courts
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Today, Daubert remains the standard in all federal courts. But understanding the history of Daubert’s evaluation and its applications can help attorneys and experts tailor testimony and reports to maximize the judge’s and jury’s understanding of the expert’s work.
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Read the full article: https://www.theexpertinstitute.com/a-brief-history-of-expert-witnesses-in-u-s-courts/
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Expert Witness “Side Switching”: What Happens and How to Respond
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While expert witnesses work directly with attorneys, ultimately their loyalty only belongs to the facts of the case and their professional opinion. As a result, an expert may switch sides upon realizing their original analysis was incorrect resulting in complications for the attorney and the case. This post examines some of the big questions raised by side-switching and how to proceed when it happens to your case.
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Read the full article: https://www.theexpertinstitute.com/expert-witness-side-switching-what-happens-and-how-to-respond/
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Working With Experts: 6 Ways To Foster A Successful Attorney-Expert Partnership
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Developing a solid working relationship is the key to ensuring you and your expert witness are on the same page. These 6 tips will prevent you from running into miscommunications with your expert, and facilitate a seamless partnership for the duration of the trial.
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Read the full article: https://www.theexpertinstitute.com/working-with-experts-6-ways-to-foster-a-successful-attorney-expert-partnership/
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“Blinding” Expert Witnesses: An Effective Trial Strategy
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An expert witness's effectiveness is often a result of their credibility as an objective source of technical information. However, what happens when an expert exhibits bias, whether conscious or subconscious? This post explains types of biases experts are vulnerable to, and outlines the tactic of "blinding" used minimize bias and increase favorable verdicts.
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Read the full article: https://www.theexpertinstitute.com/blinding-expert-witnesses-an-effective-trial-strategy/
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Special Requirements for Medical Malpractice Expert Testimony
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When it comes to medical malpractice cases, there can be a discrepancy in opinion between even the most qualified experts. In order to ensure that, while varied, expert witness testimony is neither misleading, deceptive, or fraudulent, states often have special requirements for expert testimony. This post explores some stipulations unique to particular jurisdictions that are important to consider when finding an expert.
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Read the full article: https://www.theexpertinstitute.com/special-requirements-for-medical-malpractice-expert-testimony/
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“Reasonable Degree Of Certainty”: Understanding What The Phrase Entails
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Experts across all practice area use the phrase “a reasonable degree of certainty” to express the likelihood that their conclusion is accurate. However, despite its ubiquity, interpretations of the phrase can be as fluid and varied as the fields of expertise and opinions it is used to describe. But is there a concrete definition for this phrase beyond its general acceptance in the courtroom?
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Read the full article: https://www.theexpertinstitute.com/reasonable-degree-of-certainty-understanding-what-the-phrase-entails/
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Computer Simulations in The Courtroom: an Expert Perspective
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Computer simulation is a powerful courtroom tool, but simulations can produce faulty conclusions if they rely on invalid techniques. If an opposing expert's testimony relies on a simulation, the ability to determine if it is a valid representation of the events depicted may be invaluable to your case. This post covers the process for evaluating an expert’s simulation before trial.
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Read the full article: https://www.theexpertinstitute.com/computer-simulations-in-the-courtroom-an-expert-perspective/
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