An expert witness, particularly in common law countries such as the United States, is a person whose opinion by virtue of education, training, certification, skills, or experience, is accepted by the judge as an expert. Expert witnesses may also deliver “expert evidence” within the area of their expertise. (Visit Expert Witness Testimony to learn more).
Topics: expert witness…
TEXAS LITIGATION AND EXPERT WITNESSES
EXPERT TESTIMONY and RULES OF LAW Expert testimony in Texas courts, and pretty much everywhere else, is very similar when it comes to rules of procedure, though not exactly alike. As one might expect, the testimony must be based on facts, the knowledge that makes...
Expert Testimony–Insurance Bad Faith Case
DRAMATIC SURPRISE FOR PLAINTIFF –WHAT TO DO? WHAT TO DO? Imagine a deposition in which the very experienced independent adjuster for the insurer says this: I have always worked for insurers but I have nothing to gain by having the claim denied or having it paid, and...
Expert Witness: Texas Divorce Case
ADMISSIBILITY REQUIREMENTS--RIGOROUS AND COMPLEX The "teaching case" here--the case from which lessons can be derived--is McMahon v. Zimmerman, 433 S.W.3d 680 (Houston Court of Appeals (1st District), March 27, 2014). Case Number 01-12-01090. Review was not sought in...
Expert Witness–Testing for Legal Sufficiency
EXPERT WITNESSES & JUDICIAL EPISTEMOLOGY The Texas Supreme Court recently wrote a case which surely contains the most important discussion of thinking about expert witnesses it--or any other court anywhere, for that matter--has set forth for many years....
Insurance Bad Faith, Expert Witnesses, and Lawyers–Part II
Insurance Bad Faith, Expert Witnesses, and Lawyers–Part I
Expert Witnesses & Peer Reviews
A Peer Review Problem Michael Sean Quinn, Ph.D, J.D., Etc. 2630 Exposition Blvd #115 Austin, Texas 78703 (o) 512-296-2594 (c) 512-656-0503 mquinn@msqlaw.com Expert witnesses in all sorts of areas, including insurance, as often asks in the opening qualification...
Expert Witnessing
EXPERT WITNESS TESTIMONY: THE "IFs" AND THE "THENs"-- A CONTESTABLE HYPOTHESIS* Michael Sean Quinn, Ph.D, J.D., Etc. 2630 Exposition Blvd #115 Austin, Texas 78703 (o) 512-296-2594 (c) 512-656-0503 mquinn@msqlaw.com Almost all acceptable expert opinions...
The Logic of Expert Opinions and Testimony
Michael Sean Quinn, Ph.D, J.D., Etc. 2630 Exposition Blvd #115 Austin, Texas 78703 (o) 512-296-2594 (c) 512-656-0503 mquinn@msqlaw.com EXPERT WITNESS TESTIMONY: THE "IFs" AND THE "THENs"-- A CONTESTABLE HYPOTHESIS* Almost all acceptable expert opinions...
Texas Law & the Use of Expert Witnesses
The Texas Supreme Court recently decided on a very significant case on legal malpractice. The following is the major theme on the "surface" of that opinion. Elizondo v. Krist, ___ S.W.3d ___ [2013 WL 4608558] (Tex. Aug. 30, 2013) Some Fundamentals Virtually all legal...
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