How Credible is an Expert Witness?

expert credibility and jargon

If you’ve been litigating for any amount of significant time, you probably know this feeling: you and your team have prepared your arguments, worked with witnesses and reviewed evidence, and spent enough time internally going over the merits of your case, that you’re near sure you have a bulletproof case. Only to find that it all goes down in flames at summary judgment or in front of a jury. 

Obviously, the earlier you can determine that an expert witness will not be accepted as credible by a judge, the more opportunity you will have to readjust your strategy towards a more credible approach.

Mississippi Judge Uses JuriLytics' Peer Review

accounting ledger

Read about our recent involvement with a Mississippi district court judge who used our peer review process to aid his disposition of a complex accounting fraud case. The case involved 5 experts and cross Daubert motions ​opining on accounting standards, negligence, and business valuation. The district judge used JuriLytics as a technical advisor and requested peer review of the reports to aid him in his disposition of the motions.

Mass Torts Litigation in California: Don’t Forget the Science

pharmaceutical mass tort

Without a way to consolidate cases outside of plaintiff-friendly California, the defense bar will now have one less option in battling these claims. Importantly, and especially with product liability mass torts, the science will become more central to these claims as the parties will engage in a “battle of the experts” subject to the Kelly/Frye admissibility threshold (which some argue has become more Daubert-like after Sargon). Indeed, expert admissibility could become the next “dispositive” blow the defense will use to quash these claims. For plaintiffs and defendants alike, the general causation question will be even more critical to success.

Missouri Legislature Votes to Tighten Expert Witness Rules

gavel on table

In late April, Missouri legislators approved a bill that would it make more difficult for expert witnesses in Missouri state court trials to be allowed to testify. The bill, passed 85-68 by the Republican-controlled House, would change the requirements for expert testimony to be admissible by requiring a judge to determine that the testimony is:

A Brief History of Expert Peer Review

scale of justice

Expert peer review is in a constant state of evolution, but where did it all start?
Scholarly peer review is the process of subjecting an author's work to the scrutiny of those considered to be experts in the field, with the primary intent of evaluating its fitness for publication. Although the first record of pre-publication peer review dates back to 1665, the first peer-reviewed publication can be found in a 1731 edition of Medical Essays and Observations published by the Royal Society of Edinburgh.