Sentences with phrase «other expert testimony»

Under KRE 803 (18), known as the learned treatise rule, statements from such a document are not excluded by the hearsay rules, even though the declarant is not available as a witness, when these statements are used in questioning an expert witness, either on direct or cross, if the statements are established as a reliable authority either by the witness, other expert testimony, or by judicial notice.

To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice.

Therefore, a party may opt to invest in a survey or other expert testimony or to pursue more extensive discovery earlier in an opposition or cancellation proceeding.

Not exact matches

Statements for the Record: Chairman Durbin invites advocates, students, educators, experts, and other stakeholders to submit written testimony to be included in the hearing record.

Chairman Durbin invites advocates, students, educators, experts, and other stakeholders to submit written testimony to be included in the hearing record.

Twenty six very dull scan pages from the May 22 transcript of testimony from other expert witnesses go by before Assistant A.G. Freese shows up to question the first skeptic, Dr Richard Lindzen.

Once each of the experts has explained his or her position, they usually supplement their initial testimony with comments on the testimony of the other experts.

Among other things, the court cited the testimony of an expert musicologist, who said that «the Bow Wow refrain «is one of the most memorable parts of the song.»»

«A jury will consider testimony by experts - usually other doctors, who will testify whether they believe your physician's actions followed standard medical practice or fell below the accepted standard of care.

Depending on the circumstances, your case may require testimony by medical experts or specialists in other fields.

As mentioned earlier, concerns over expert testimony and witness reports for predictive coding have been higher than in other jurisdictions to date.

A: A jury will consider testimony by experts — usually other doctors — who will testify whether in their expert opinion, your physician followed standard medical practice or fell below the accepted standard of care.

The expert really needs to know what they're doing, even more so than other areas of expert witness testimony and must stay on top of ever - changing updates to software technology.

Among other things, the district court based its determination on its construction of the disputed term, relying on expert testimony presented by Teva that the term «molecular weight» was not ambiguous.

Other types of damages, like loss of earning capability and emotional suffering may be more difficult to determine, but expert testimony is often helpful.

A jury will ask to hear testimony from other medical professionals who can speak to the duty of care and whether or not, in their expert opinion, the duty of care was breached.

We work diligently to bring expert medical testimony to the stand and interview witnesses, including other beneficiaries, relatives, and close friends to determine the intent of your loved one.

Christopher Gayner (CEO and senior engineer at Expert Reconstruction Company LLC) has provided expert witness testimony regarding traffic accident reconstruction, human factors, occupant dynamics, biomechanics, seat belts, airbags, and other traffic accident related topics and issues in hundreds of cases.

The firm covers all of the expenses of investigating the case, hiring expert testimony and other costs, and does not receive any payment unless successful in recovering an insurance settlement or a jury verdict for the client.

Because of our reputations, many of our cases and clients come to us as referrals from other attorneys who tap us for our experience in trial advocacy, complex litigation, and cases involving complex medical and expert testimony.

When seeking PTSD damages after a car accident or other personal injury claim, the victim will need to provide testimony from a medical expert of this condition, which can manifest itself as weight loss, sleep loss, bad dreams, fatigue and exhaustion and other common symptoms.

Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations, representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States and testimony as an expert witness in a number of proceedings in Swedish, English, US, Japanese and other courts.

Others provide analysis on expert witnesses, including insight into the kinds of cases those witnesses have participated in and the type of testimony they have offered.

This may be the case if the testimony of other witnesses will form the basis for the expert's opinion.

In addition to establishing a doctor or other medical professional's duty and breach of the duty of care owed to a patient, the testimony of medical experts may also be relied upon to establish the cause or causes of a patient's injury or death and the damages suffered by the injured patient or the deceased patient's survivors as a result of the injury or death.

An expert witness may sometimes be allowed to hear the testimony of other witnesses.

Mounting a proper investigation, obtaining expert witness testimony and gathering other necessary resources is critical to your brain injury case.

I have been working with doctors and other medical experts in the Reno area for over 20 years and understand the medical testimony I need to effectively present your case to the insurance company.

Indiana courts have repeatedly admitted expert testimony in personal injury actions that may have been excluded under the more restrictive «Frye» or «Daubert» standards that are used by many other states (including New York) and the federal courts.

Some wrongful death lawsuits benefit from the knowledge and testimony of expert witnesses and others do not require experts.

This may involve retaining the services of engineers and accident recreation specialists who can provide expert testimony concerning factor such as the slip - resistance of the walking surface and other conditions that may have caused or contributed to the accident.

It is very difficult to understand the evidence as a whole if the plaintiff's testimony is preceded by or interrupted by an expert or other witness.

Getting fair compensation requires presenting a convincing case that establishes the value of your case through medical records, expert testimony, and other documentation.

Landmark reforms relating to product liability, expert opinion testimony, risk contribution, and caps on punitive damages, among others, turned Wisconsin's souring litigation and business climate into one of the most competitive jurisdictions in the country from a litigation standpoint.

James has also advised in relation to, and provided expert testimony for, cases in a number of other common law jurisdictions.

The Court first reviewed the parties» expert testimony as well as deposition testimony of other witnesses to address defendants» three principal defenses: (1) abandonment / waiver, (2) laches, and (3) defective deposit copy.

The experienced Ohio medical malpractice attorneys at the Charles Boyk Law Offices, LLC, we have developed an extensive network of doctors and other medical professionals who are well versed in providing expert testimony in medical malpractice cases.

2 For an extensive list of studies demonstrating the competence of juries, see, e.g., Testimony of Neil Vidmar, Russell M. Robinson, II Professor of Law, Duke Law School before The Senate Committee on Health, Education, Labor and Pensions, «Hearing on Medical Liability: New Ideas for Making the System Work Better for Patients,» June 22, 2006 at 10 («The overwhelming number of the judges gave the civil jury high marks for competence, diligence, and seriousness, even in complex cases... Systematic studies of jury responses to experts lead to the conclusion that jurors do not automatically defer to experts and that jurors have a basic understanding of the evidence in malpractice and other cases.

The expert can examine the property damage, witness testimony, debris, and other evidence to evaluate fault.

[13] Further, and particularly important to many first - party cases, the Texas Supreme Court has determined that expert testimony is unreliable if it fails to rule out other plausible causes.

Today the Court granted certiorari to Harrington v. Richter, an ineffective assistance of counsel case challenging the issuance of habeas corpus relief by the Ninth Circuit based upon counsel's reliance on cross-examination and other methods to create reasonable doubt about the defendant's guilt rather than expert - opinion testimony.

Trial judges have used a pre-trial «Daubert / Kumho» hearing to assist in determining the admissibility of expert testimony, and have turned to other admissibility standards such as Fed.

In turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in admitting or excluding the testimony and, in some cases, have examined, without focusing on the Daubert factors, whether the expert testimony satisfied other evidentiary standards such as whether there was an adequate factual foundation for the expert's testimony.

In turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in determining admission and, in some cases, have determined whether, without focusing on the Daubert factors, the expert testimony satisfied other evidentiary rules, such as whether there was an adequate factual foundation for the expert's testimony.

As you can see, a design defect case can be difficult to prosecute and normally requires expert testimony from engineers or other design defects.

Dr. Chandler has assisted taxpayers with transfer pricing issues at audit and appeals in the United States and other countries, as well as by providing expert testimony in Tax Court.

(On the other hand, skepticism of all expert testimony might not be such a bad thing.)

FINANCIAL DISCLOSURE: Dr Wood's institution has received payment for expert witness court testimony that Dr Wood has provided in cases of suspected child abuse for which she has been subpoenaed to testify; the other authors have indicated they have no financial relationships relevant to this article to disclose.

Finding: «The presence of opposing expert testimony caused jurors to be skeptical of all expert testimony rather than sensitizing them to flaws in the other expert's testimony... Thus, contrary to the assumptions in the Supreme Court's decision in Daubert, opposing expert testimony may not be an effective safeguard against junk science in the courtroom.»

Using case examples where issues such as the developmental needs of children, relocation, domestic violence and the alienated child are involved, the book will identify a process to critique the evaluation reports of others, help you clarify the strengths and weaknesses of your case (s); and describe providing expert testimony on a range of psychological issues.