More than 95% of civil cases in the United States federal court system settle before they ever reach a court room. In the early phases of a case, when the strength (or weakness) of your settlement position can change daily, you want the most credentialed expert to write the most detailed expert report to strengthen your position. But if your case is one of the few that makes it through to be presented before a jury, your expert’s extensive credentials may not be enough. Continue reading »
IMS ExpertServices
Jan 102012
Jan 032012
In the world of expert witnesses, staying up to date on Rule 26 is vital. Not following requirements for disclosure and expert reports can break your case. Continue reading »
There are a lot of things that can prevent an expert from testifying: conflicts with the parties involved, restrictions from their employers, time constraints, etc. One thing, however, that should not preclude an expert is their status as a former employee of the U.S government. Continue reading »
Dec 082011
As you can tell from the numerous legal humor blogs on the internet, there are thousands upon thousands of causes for litigation. Everything from failing to predict an earthquake to bad mothering can result in litigation. The presence of odd and unusual cases also extends to complex civil litigation, and we would like to share a few of the more unusual cases that have come through our doors. Continue reading »
Dec 062011
There are numerous stages in the litigation process that are time-intensive, uncertain and stressful. However, if your deposition was done properly, cross-examining an expert witness is not one of those elements. While this will be a review for many, following these simple suggestions will ensure that your cross-examination is easy and effective. Continue reading »
When does an attorney need a linguist? As Roger Shuy, one of the most pre-eminent forensic linguists, has observed, the interpretation and application of the law are overwhelmingly about language. Thus, there are many situations in which the expertise of a linguist – someone trained in the precise description and analysis of language (but not necessarily a person who knows many languages) – can make substantial contributions to a case, providing evidence one way or the other or simply clarifying the linguistic principles, problems, and processes that the case involves. Continue reading »
By John Fetzer
It is the rare attorney who has had very much education or experience in engineering and the sciences. Even rarer are those who have had enough to make good choices about the testing and analyses that will be used in a case. Yet these are often the basis of whether a case can be made and how strongly that case, and its opposition, will be.
But too often, the decisions for testing and analysis are part of the early stages. Attorneys then listen to a contract analysis laboratory’s staff or rely on a generalist who has a wise breadth of knowledge, but only at a limited level for each area. Many times the resulting work is very expensive, but weakens the case. Why? The opposing counsel then only has to hire an expert to poke scientific holes in the analysis conducted. Continue reading »
By Gabriel Gelb
Federal courts are moving toward assessing damages in patent infringement cases with the (newer) key criterion of consumer demand generated by the patents at issue rather than the traditional Entire Market Value Rule (EMVR).
Damages based on EMVR have been set aside in such cases as Cornell Univ. v. Hewlett-Packard Co. and Lucent Technologies Inc. v. Gateway Inc. Numerous legal authorities have discussed how decisions by Circuit Judge Randall Rader, among others, are modifying the entire market value rule toward considerations of consumer demand. Continue reading »
Despite all the changes in the legal industry in the last few years, a few things have stayed the same. Cases still need experts. Experts still charge for their services. And juries still judge experts based on their rates.
Duke Energy Corp. has been receiving a lot of news coverage recently regarding the claim that it failed to contain costs on the construction of its $3.3 billion Edwardsport power plant in Indiana. Along with articles on the power plant expenses are similar articles discussing the exorbitant amount the company is spending on their expert witness. Continue reading »
Nov 032011
…in reverse order. In true Old Testament style, we bring you a (hopefully humorous) list of the top ten expert dos and don’ts. Continue reading »
