Sentences with phrase «appeal by an expert witness»
But there is no precedent for a non-party appeal by an expert witness — and Egilman does not appear to be so affected by Peterson's ruling that he has standing to appeal it.
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The appeal division panel that awarded costs to DeMerchant and Sukonick found that the proceedings were not unwarranted at the beginning, but they became so after the law society failed to provide evidence to contradict testimony by an expert witness that held the two were following standard practice in the corporate bar.
[6] The Westerhof appeal raises the question of whether rule 53.03 applies only to experts described in rule 4.1.01 and Form 53 — experts «engaged by or on behalf of a party to provide [opinion] evidence in relation to a proceeding» (referred to in these reasons as «litigation experts»)-- or whether it applies more broadly to all witnesses with special expertise who give opinion evidence.
The issue in the case on appeal was whether the plaintiff's medical negligence claim against Dr. Sweet, an expert witness, retained by plaintiff's adversary in the pending litigation, owed a legal duty to the plaintiff.
The Arizona Court of Appeals did accept jurisdiction, however, to clarify that some of the procedures followed by the court, in this case, were contrary to the statutes in place for the purpose of preventing any court in the future from delegating judicial decisions to expert witnesses or allowing interim transfers of custody without a hearing.
Although some respondents may question the need for a regulatory body to put «expert» witnesses in front of a panel that may itself consist of professional members with «expert» knowledge, many cases establish expert witnesses as necessary for a proper evidentiary record, even though the entire panel may possess the same knowledge, e.g., to allow expertise to be tested by cross-examination, and to permit a review or appeal body to carry out its function.
The appeals court said he misled jurors by saying his expert witnesses were unpaid and that the opposing experts gave «bought testimony.»
It was established by the Court of Appeal in Meadow, that medical expert witnesses are accountable to the GMC for their conduct as experts.
In Stewart v. Humber River Regional Hospital [vi], the Court of Appeal for Ontario disqualified a law firm that had learned privileged information from the opposing party in litigation as a result of retaining an expert witness previously retained by the other side.
Though the jury sided with the doctor, the federal appeals court ordered a new trial, saying the judge erred by excluding testimony from expert witnesses.
The trial court and later the Ohio Court of Appeals based their decisions in part on testimony by an expert witness for the broker who said it was industry practice to deduct the expenses from the departing sales associate's share of compensation.