Sentences with phrase «on by an expert witness»

«(5) If the government seeks in an action... to recover the cost of health care benefits on an aggregate basis, (b) the health care records and documents of particular individual insured persons... are not compellable except as provided under a rule of law, [or, a] practice or procedure that requires the production of documents relied on by an expert witness».

Not exact matches

Dan Petrocelli of O'Melveny & Myers LLP said the DOJ's case is a «house of cards» that relies on the economic model by University of California Berkeley economist Carl Shapiro, an expert witness for the government.

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As an expert witness myself, I've questioned while working on legal cases within the community, who would be my peer support if I were to face some sort of persecution within my practice by an unfamiliar or hostile adversary?

And contrary to the government's claim that the post was a «low - show» job — «Percoco taught the curriculum less than a dozen times on average, with each class typically lasting less than [two] hours,» the government said recently — the defense maintains that her «compensation was reasonable,» an opinion shared by an economist it intends to call as an expert witness.

This uneasiness with parties» experts is heightened by the fact that the adversarial system, relying as it does on critical cross-examination to expose weaknesses in a witness» testimony, is often ill suited to educating the trier of fact, whether it be judge or jury.

As Brown's aged, long - estranged mama, Davis — with the aid of terrific star Chadwick Boseman and some pretty expert makeup artists whose numbers Clint Eastwood should find immediately — manages to reinvigorate a set - up familiar from any number of tortured artist - biopics (i.e. absentee parent comes groveling years later to abandoned child - turned - superstar at the peak of his fame) with the same smart, electrifying clarity of character and tender yet tough - minded emotionalism that should be long - recognizable by now to anyone who has seen Doubt or Antwone Fisher or Solaris or Won't Back Down, or else Fences, King Hedley II, or Seven Guitars on Broadway, or, more likely, witnessed Davis» extraordinary, one - woman rescue job on Taylor's The Help.

Dial M for Murder premiered at the Westminster Theatre in London in 1952, only for it to be made into an expert crime mystery thriller by Alfred Hitchcock two years later, while Wait Until Dark, another complex and dark play in the vein of Hitchcock's interests directed by Arthur Penn (who would helm Bonnie and Clyde the very next year), saw the light of day in early 1966 on Broadway, where it instantly attracted the attention of both the audience and Warner Brothers, determined to turn it into a feature film starring none other than Hollywood's sweetheart Audrey Hepburn in a much darker, insidious story than her filmography had ever witnessed.

He provides consultation and training to K - 9 units on administrative and legal issues, and has been recognized as an expert witness by Washington and Federal courts in Police K - 9 and dog behavior matters.

Through some expert dramatic irony, the audience is left to witness how the two unwittingly insult each other — Celica by questioning Alm's capability to lead based on his birthright (the same question hurled at him by the pompous, antagonistic aristocracy), and Alm by retorting that the royalty of Zofia is dead, gone, and unable to lead the nation (unaware that he is speaking to a lost princess).

The Joint Committee on Telecommunications, Utilities and Energy held a hearing June 20 on the bills, that was attended by more than 500 supporters and had three hours of continuous testimony backing the bills by more than 30 expert witnesses.

Recent UN Security Council resolutions have called on governments to take measures against those sourcing minerals from armed groups in eastern Congo, but so far member states have shied away from placing any companies or individuals under UN sanctions, despite abundant evidence published by the UN Group of Experts and Global Witness.

He has testified as an expert witness on the theology, ethics, science, and economics of climate change policy before the U.S. Senate Environment and Public Works Committee and the Energy and Environment Subcommittee of the U.S. House of Representatives Committee on Energy and Commerce; briefed the White House Council on Environmental Policy; delivered a paper at a conference at the Vatican sponsored by the Pontifical Council for Justice and Peace; and spoken at the 2008, 2009, and 2010 International Conferences on Climate Change and at colleges, churches, and other venues.

However, the draft terms of reference have been criticised by Global Witness, the ITF and UN Panel of Experts on Liberia for its murky nature and confidentiality clauses stating that all information, including all notes and final judgments, could not be distributed without the direct permission of the Liberian government (iii).

An article in the Law Society Gazette on 2 November claimed that just one in 10 expert witnesses say they are paid on time by solicitors who have commissioned them.

In addition to the medical expert retained by the defense, the plaintiff also hired a doctor to serve as an expert witness and offer an opinion on the source of the plaintiff's injuries.

By ruling that the College's witness was not qualified to give opinion evidence relating to circular liquid retaining storage structures, or about the relevant standard of practice, «the Discipline Committee excluded the only independent expert evidence tendered before it on the standard of practice applicable to the Appellants» [33].

The committee relied on evidence of professional standards provided by a College witness who was not accepted as an expert on the relevant issues.

His talents and skills as a trial lawyer have been recognized as well by his participation as a featured speaker for the «Best Trial Lawyer Video Series» which is published online by WIN Interactive, Inc., a Massachusetts based nation - wide litigation consulting firm in which Attorney Ventura has been interviewed on a variety of subjects including the art of storytelling and the use of experts witnesses at trial.

SAME, RESPONSE (24) A party who wants to call an expert witness at trial to respond to the expert witness of another party shall serve on all other parties a report signed by the expert and containing the information listed in subrule (25),

A Pennsylvania personal injury attorney can take action on behalf of a patient by researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning legal strategy, and negotiating with insurers and opposing counsel.

EXPERT WITNESS REPORTS (23) A party who wants to call an expert witness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subruleEXPERT WITNESS REPORTS (23) A party who wants to call an expert witness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subrulWITNESS REPORTS (23) A party who wants to call an expert witness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subruleexpert witness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subrulwitness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subruleexpert and containing the information listed in subrule (25),

SUPPLEMENTARY REPORT (26) Any supplementary expert witness report shall be signed by the expert and served on all other parties,

There is, currently, no precondition imposed by English law on the qualities required of an expert witness.

It seems to me that jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge) about what verdict must be returned based on what facts the jury finds to be true...

This broader group of witnesses would include, for example, treating physicians, who form opinions based on their participation in the underlying events (referred to in these reasons as «participant experts») rather than because they were engaged by a party to the litigation to form an opinion.

The statements attributed to Mr. Harding in the Vancouver Sun article were critical of Dr. Amrit Toor, an expert witness who testified at the trial on behalf of the defendants,» said the recent Supreme Court ruling by Justice G. Bruce Butler.

[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.

It is (iii) which remains the critical area and which, though not seriously under challenge in Kennedy v Cordia, was directly addressed by the court: «[51] Impartiality and other duties: If a party proffers an expert report which on its face does not comply with the recognised duties of a skilled witness to be independent and impartial, the court may exclude the evidence as inadmissible.»

Put simply — OTLA could have protected its profits (from the Bill 15 threat and the ABS threat) by fighting to protect its clients from a medico - legal expert witness system that is (according to the Medical Post) inflicting great harm on its clients — and forcing them to wait years to get the policy benefits and treatment they need.

At trial, the husband attempted to introduce parol evidence in the form of an expert witness who was prepared to testify that certain language in the document signified an intention on the part of the husband and wife to have their marriage, including property relations at the time of any divorce, governed by «Islamic law.»

Our firm has successfully recovered money for our Huntsville, Alabama, clients time and time again by handling each case on its own unique merits, investigating every legal strategy available and utilizing expert witness testimony when necessary.

These two types of expert witnesses can be contrasted with «litigation experts» who are experts «engaged by or on behalf of a party to provide [opinion] evidence in relation to a proceeding» (R. 4.1.01).

A frequent speaker on topics including trial strategy, expert witnesses, product liability, and accident reconstruction, Mr. Craft has appeared on television, radio, and in several major newspapers across the country discussing distracted driving, discovery abuse by defendants, vehicle rollovers, roof crush, seatbelts, child restraint systems, airbags, back - over deaths, and other litigation topics.

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.

If he was to exclude the academic articles on the ground that their makers were not experts as defined by r 35.2 and were not to be called as expert witnesses, this would have startling consequences.

Not only did Frey build a case for witness misconduct and evidence tampering by two prosecution witnesses in a Louisiana murder trial that landed Kelly's client, Jimmy Duncan, on death row, but he even conducted an interview with another prosecution expert witness.

The Law Society's only witness had made significant admissions in cross-examination, the Society was in possession of the favourable expert reports obtained on behalf of the lawyers and key witnesses expected to be called by the lawyers had not been interviewed.

We would like to invite you and your client to meet with us to discuss an alternative means to resolve this matter in a way that is fair to our clients and respects the mandate of yours... We are of the opinion that, viewed objectively, the state of the evidence to this point demonstrates that this prosecution has no reasonable prospect of success... You have no evidence to respond to our experts and, it seems to us, no reasonable basis to expect they will be disbelieved... We think you will agree that an objective review of Mr. Marschdorf's evidence exposes serious weaknesses in the prosecution case and significant areas of agreement between the defence and your only witness... You are dependent on a theory advanced by Mr. Osborne which misconceives the law.

A consequence of this decision has been greater emphasis by instructing parties on being extra careful when deciding who would be suitable to act as expert witness.

The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival file storage or insurance; (in such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or we engage expert witnesses or other law firms on your behalf.

Expert Witness Knowledge Map The most in - depth PDF report available on any expert witness, prepared by our professional reseaWitness Knowledge Map The most in - depth PDF report available on any expert witness, prepared by our professional reseawitness, prepared by our professional researchers.

The trial court erred by refusing to allow expert witness testimony on the issue of false confessions.

Witnesses, including expert witnesses, who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related toWitnesses, including expert witnesses, who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related towitnesses, who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to the arbitration or in any way related to a party.

The defendants would claim that the evidence shown on the photographs would go in as evidence to be considered by the jury without the assistance of an expert witness on the biomechanics or a medical testimony as to the correlation between the impact and the injuries.

By conducting a thorough investigation, obtaining and evaluating the relevant medical records, and relying on the testimony of expert witnesses, we work diligently to build successful claims.

The Moscow Arbitrazh Court («Moscow Court «-RRB- set aside the Award in June 2011 on the pleaded grounds of the arbitrators» non-disclosure relating to the expert witnesses as well as on the separate grounds of public policy and non-arbitrability (the latter two both being grounds not relied on by NMLK in the set aside application).

Opinions offered by expert witnesses are presumed to be based on their expertise and impartiality to the outcome of a case.

Experts can not base their opinions on matters precluded by law and because mediation briefs are not discoverable or admissible, a court can exclude testimony of an expert witness who relied on material in a mediation brief to formulate an opinion.

In cases involving treatment recommended by a physician, an expert witness may not testify on issues of negligence or standards of care unless the witness is also a physician.