Experts can be the bane of a trial lawyer’s existence, but they can also be saviors.
Read More »Tag Archives: expert testimony
Torts — medical malpractice — expert testimony
2011AP2809 Satorius v. Proassurance Wisconsin Insurance Company, et al.
Read More »Sexually Violent Persons – discharge — expert testimony — equal protection
2011AP2386 In re the commitment of Quinton Keith Washington
Read More »Motor Vehicles – OWI — expert testimony — retrograde extrapolation
2011AP2959 County of Marathon v. DeBuhr
Read More »Juveniles – TPR — expert testimony
2012AP1562, 2012AP1563 In re the termination of parental rights to William V., et al.
Read More »Evidence — expert testimony
2011AP1258 Farmer, et al. v. Kotarski, et al.
Read More »Evidence — expert testimony — cross-examination
2011AP1559-CR State v. Hancock
Read More »Torts — medical malpractice — expert testimony — causation
2011AP522 Armagost, et al. v. Gundersen Clinic Ltd., et al.
Read More »Evidence — expert testimony
2011AP228, 2011AP1110 Kenneth F. Sullivan Co. v. McManamy, et al.
Read More »Redefining expert witness credibility for juries
Juries routinely dismiss expert testimony due to credibility problems, incomprehensibility, or simply because it is cancelled out by another expert’s testimony.
Read More »Torts — medical malpractice — jury instructions — expert testimony
2010AP2615 Trudeau, et al. v. Physicians Insurance Company of Wisconsin Inc., et al.
Read More »At the class certification stage, a harder look at experts
In the year since the U.S. Supreme Court made it tougher for large groups of plaintiffs to prove that they should proceed in a class action, courts have been taking a harder look at a key type of evidence plaintiffs use to make that case: expert witness testimony.
Read More »Evidence — expert testimony – disclosure — harmless error
10-3262 Tribble v. Evangelides
Read More »TORT REPORT: Is Wisconsin now just like everybody else?
The first two months of 2011 brought Wisconsin a new Legislature, a new governor and a wave of tort reform.
Evidence — expert testimony — prior convictions
2009AP25-CR State v. Rhodes
Read More »Evidence; Expert testimony
10-1194 Bielskis v. Louisville Ladder, Inc.
Read More »Evidence – Other acts – expert testimony – harmless error
2010AP1973-CR State v. Gasper
Read More »2011AP582 City of South Milwaukee v. Hart
Motor Vehicles OWI; evidence; expert testimony
Read More »FRAUD FILES: Expert witness selection: substance over form
In commercial litigation, many cases require some kind of expert.
Read More »2010AP1294-CR State v. Evans
Evidence Other acts; expert testimony Joseph Evans appeals from a judgment of conviction for the first-degree intentional homicide of his estranged wife and criminal damage to property. Evans challenges the admissibility of other acts evidence and expert testimony. We reject Evans’ arguments and affirm. Affirmed. This opinion will not be published. 2010AP1294-CR State v. Evans Dist. III, Marinette County, Duket, ...
Read More »Testimony change depends on lawyers
There has been much attention paid recently, including in these pages, to a recent bill that purportedly heightens the admissibility standards for expert testimony.
Read More »10-1484 Banister v. Burton
Evidence Expert testimony It was not an abuse of discretion to permit a trauma surgeon to testify about the nature and severities of a plaintiff’s injuries. “Banister argues, citing Deimer v. Cincinnati Sub- Zero Products, Inc., 58 F.3d 341, 345 (7th Cir. 1995) (physician is not qualified to testify on matters beyond his ‘requisite experience’), Porter v. Whitehall Laboratories, Inc., ...
Read More »2009AP2036-CR State v. Black
Criminal Procedure Ineffective assistance; expert testimony Charles R. Black appeals from a judgment of conviction for two counts of second-degree sexual assault of a mentally ill victim, contrary to Wis. Stat. § 940.225(2)(c) (2007-08), and from the July 30, 2009 order denying postconviction relief. Black requests a new trial as a result of ineffective assistance of counsel and, under Wis. ...
Read More »10-1279 Myers v. Illinois Central Railroad Co.
Employment FELA; causation; expert testimony The district court properly excluded the testimony of an ergonomist and treating physicians to prove that a railroad employee’s cumulative trauma disorders were caused by the railroad’s negligence. “[T]he ergonomist could testify as an expert about how dangerous the railroad yard’s conditions were, but that does not mean he is qualified to testify about what ...
Read More »2009AP3010 Keller v. Gaszak
Property Misrepresentation; expert testimony Dennis and Laurie Gaszak appeal from a judgment that they failed to disclose basement cracks and a bulging wall when Patrick and Margaret Keller purchased their home. The Gaszaks argue that because there was no expert testimony as to cause, existence of a defect, and necessary repairs, their motion for a directed verdict should have been ...
Read More »09-3344, 09-3350, 09-3351, U.S. v. Cinergy Corp, et al.
Environmental Law Clean Air Act; plant modification permits; expert testimony The jury verdict regarding a plant’s emissions of sulphur dioxide related to modifications to coal-fired electric power plants made without obtaining permits must be reversed because the modifications did not increase the plants’ hourly-rate capacity for producing electricity, and under the Indiana Plan in effect at the time for implementing ...
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