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…
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
Expert Witnesses (Sometimes Lawyers) in Insurance Bad Faith [IBF]Cases[1]: An Mostly Elementary Introduction to Some Fundamentals in Two Parts (Part II) This is Part II of an essay that contains a number of short “chapters.” The first three are in Part I, so we begin...
Insurance Bad Faith, Expert Witnesses, and Lawyers–Part I
Expert Witnesses (Sometimes Lawyers) in Insurance Bad Faith [IBF]Cases[1]:An Mostly Elementary Introduction to Some Fundamentals in Two Parts (Part One) Table of Contents I. Introduction(Part One) II. Insurance BadFaith (IBF)—Broad...
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...
![“Madam. Are you certain today?” [Sketch I]](https://www.michaelseanquinn.com/wp-content/uploads/2022/03/reading-a-self-help-book-with-blank-space-assistance-questions-instruction-advice-question-mark-confused-learning-stockpack-adobe-stock.jpg)
“Madam. Are you certain today?” [Sketch I]
There is a species of questions with respect to which witnesses (including expert witnesses) must be extra-careful. The category questions certainty. Often the question takes a simple and explicit form. The witness has said something clearly and straightforwardly,...
Expert Witness: “Objection. Not Responsive” Whose Objection?
Here is what might be called: The Lawyer's (L's) Own Witness Problem An expert witness is giving a deposition. There are three lawyers in the room. The expert witness is giving an opinion in the hire of P (or, presumably on behalf of P). The three lawyers are (1)...
BIG DATA, BIG LAW FIRMS & BIG BULLSHIT
According to the Gartner IT Glossary: "Big Data"* is high-volume, high-velocity, and high-variety information assets that demand cost-effective, innovative forms of information processing for enhanced insight and decision making. This is more or less how the idea of...
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