PricewaterhouseCoopers (PwC) publishes an annual study that analyzes Daubert challenges and how they are used: “Daubert Challenges to Financial Experts: An 11-year study of trends and outcomes.” The data is staggering. Since Kumho Tire, the number of challenges to all types of expert witnesses has increased dramatically, with a total of 253 challenges in 2000 and 879 in 2010; a 248% increase!
On July 18th, the New York Law Journal published an article on the 40-year history of the Carter-Wallace test. The article addresses the background, ruling and results of Carter-Wallace Inc. v. Otte and how this case is affecting expert testimony.
The wildly popular book Freakonomics was the result of a partnership between economist Steven D. Levitt and writer Stephen J. Dubner. This best-selling book took complex economic theories and applied them to cheating teachers, odd baby names and drug dealers in a way that the mainstream public both understood and enjoyed.
Experts, unfortunately, are not always honest about their credentials, as numerous examples have recently proven.
A dramatic example in 2007 occurred when a New Orleans federal judge threw out a jury verdict in favor of pharmaceutical giant Merck & Co. after a cardiologist who testified for the defense in a Vioxx trial was found to have misrepresented his credentials.
By Melinda Starbird
A case lost, repealed or rejected because of experts is far more common than it should be, and is often caused by attorneys hiring inappropriate, under qualified or no experts. Whether you face a class action suit over privacy issues or copyright infringement regarding source code, it is important to have the best expert witnesses working on your behalf.