» Expert Witness Issues

Expert witness ruling in District of Columbia cell phone litigation

“Can cell phones cause brain cancer?”  That is a fundamental issue in Murray v. Motorola, Case No. 2001 CA 008479 (Superior Court for the District of Columbia, Aug. 8, 2014), in which Judge Frederick H. Weisberg has issued a 76 page opinion, ruling on the defendants’ Dyas/Frye challenges to the adm…

Effective Demonstrative Evidence

We always look for ways to get the most value for our litigation expense investment. Not long ago, I secured a defense verdict in a case where the plaintiff turned left in front of a truck driven by my client. The issue was whether or not he had time to react and avoid the collision.  Using a radar gun and exemplar…

Legal malpractice in D.C.: the common knowledge exception to the requirement of expert opinion

In Carranza v. Fraas, No. 05-0117 (D.D.C. Oct. 31, 2011), Judge Urbina granted summary judgment on legal malpractice and breach of fiduciary duty claims, due to the plaintiffs’ lack of expert testimony supporting some of their claims, and the plaintiffs’ lack of admissible evidence to support their last remainin…

Legal malpractice decision explores roles of judge, jury, and expert in District of Columbia

In a legal malpractice case, Hickey v. Scott, No. 07-1866 (D.D.C. July 11, 2011), the District Court explored the respective roles of the judge, jury, and expert under D.C. law.  (An earlier decision in this case was previously discussed here.)  The claim discussed in this ruling was the plaintiff’s allegat…

Fire cause and origin expert excluded by Maryland federal judge under Daubert analysis

In Fireman’s Fund Insurance Company a/s/o Mangione Family Entpr. v. Tecumseh Products Co., et al., Civil Case No. JKB-09-2811 (D. Md. Mar. 2, 2011), the United States District Court for the District of Maryland excluded plaintiff’s causation expert for failing to meet the generally accepted standards for fire in…

Virginia Supreme Court reverses $1,750,000 jury verdict due to errors in admitting expert testimony

In CNH America, LLC v. Smith, No. 091991 (Va. Jan. 13, 2011), the Court reversed a jury verdict of $1,750,000 in a product defect case, on the grounds that the plaintiff’s expert testimony was not based on an adequate foundation. The Court remanded the case for a full retrial on the merits. The plaintiff had been inj…

Countering A Plaintiff’s Counsel’s Minimal Expert Witness Disclosures in Lead Paint Litigation

In the Jamal Logan v. LSP Marketing Corp., et al., the Court of Special Appeals upheld the trial court’s granting of an order in a lead paint case precluding all but one of plaintiff’s 12 experts as a sanction for failure to comply with Md. Rule 2-402(g) (i.e. failing “to state the subject matter, substanc…