Sentences with phrase «testimony by an expert witness»

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.

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.

Not exact matches

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.

The first reason was that the author of this article (in my opinion) unfairly captured my four hours of testimony, by primarily positioning me as an «expert witness» who did not know really anything about the New Mexico teacher evaluation model.

All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and / or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, shall be immediately reported to the Contracting Officer.

Cheryl's knowledge is frequently utilized throughout the Midwest by Federal and District courts, where she is called upon to provide expert witness testimony in regards to training of police dogs, dog attacks, and dog behavior.

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.

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.

Most of the trial testimony came from the numerous expert witnesses hired by each party.

The defendant contested the plaintiff's expert witness by filing a motion in limine to exclude her expert's testimony.

We have also defended those opinions by testimony in depositions and at trial as qualified expert witnesses.

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...

After six days of evidence, including testimony by several expert witnesses, the HRTO concluded that the exclusion of migrant farm workers from the mandatory inquest requirement in the Act does not result in substantive inequality.

We direct the story by using pictures, witness testimony, expert reports and evaluations to prove our arguments and to obtain fair compensation.

None of these cases are simple and each of them require strategic litigation, many witnesses, competent expert testimony, and zealous advocacy by an attorney who truly cares about the client.

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.

In this case, the court determined that the expert witness testimony presented by the insurance company gave rise to a material issue as to whether the plaintiff's continued medical care was a result of the accident.

Justice Thomas E. Hoffman wrote in his opinion, «In our view, absolute privilege must extend to reports prepared by an expert witness which form the basis of the witness» testimony.»

We develop and refine strategies by developing a theory of the case, analyzing jurisdiction, engaging in a productive and efficient motion practice, honing the testimony of fact and expert witnesses, and creating winning demonstratives to present the issues clearly for the judge, jury or arbitrators.

However, by fully developing and presenting trial evidence of the thriving marital relationship prior to the injury (through deposition testimony, before and after witnesses, photographs and videos, and expert testimony, etc.) and then revealing evidence of a substantial change for the worse after the accident, an award of damages for loss of consortium may be substantial.

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

Adding to this ever growing database of case comments criticizing expert witnesses for advocacy, reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, rejecting the evidence of an orthopaedic surgeon hired by ICBC and providing critical comments about his courtroom testimony.

Our team of experienced injury attorneys won their cases by marshaling the testimony of expert witnesses and medical providers, analyzing extensive medical and police records, taking multiple in - depth depositions, and making multiple court appearances.

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.

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.

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.

Ultimately, the court concluded that the testimony of the expert witness presented by the plaintiff was equivocal in stating that the plaintiff's need for future medical treatment was due to the car accident.

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.

The appellants referred to the testimony of expert witnesses and an independent eyewitness who described the accident as having been caused by Ms. Bradford, the cyclist.

The two female judges of the nine member court, Justice McLachlin (as she then was) and Justice L'Heureux - Dubé, concurred with Cory J. in the result, but would have gone even further in condoning the comments of the trial judge, asserting, «An understanding of the context or background essential to judging may be gained from testimony from expert witnesses in order to put the case in context...: A reasonable person far from being troubled by this process, would see it as an important aid to judicial impartiality.»

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.

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.

(A) Except as otherwise stipulated or directed by the court, a party who retains or specially employs a witness to provide expert testimony in the case, or whose duties as an employee of the party regularly involve giving expert testimony, shall deliver to the opposing party a written report prepared and signed by the witness within 60 days of the close of discovery.

The appeals court said he misled jurors by saying his expert witnesses were unpaid and that the opposing experts gave «bought testimony.»

• Testimony given by expert witnesses.

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.

It's worth noting, we've been an «expert witness» testimony for the courts on behalf of those who have diabetes and who are required by law to secure life insurance for a divorce decree.

Giving testimony to the committee as an expert witness Paul - Olivier Dehaye, the co-founder of PersonalData.IO — a startup service designed to help people control how their personal information is accessed by companies — recounted how he had spent «years» trying to obtain his personal information from Facebook.

A hearing was held, and the committee witnessed the videotapes made by the Association and also heard testimony from a purported expert in card manipulation.

By 2010, Mr. Gaev has obtained the Appraisal Institute MAI designation and became a Managing Director of Hettema Saba Valuation Advisory Services expanding the scope of the assignments to litigation support, expert witness testimony, and complex special use projects.