Overlawyered » expert witnesses http://overlawyered.com Chronicling the high cost of our legal system Tue, 14 Feb 2012 18:22:52 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 February 8 roundup http://overlawyered.com/2012/02/february-8-roundup-4/ http://overlawyered.com/2012/02/february-8-roundup-4/#comments Wed, 08 Feb 2012 05:15:22 +0000 Walter Olson http://overlawyered.com/?p=27202
  • Popular proposal to curb Congressional insider trading (”STOCK Act”) could have disturbing unintended consequences [John Berlau, CEI "Open Market"]
  • Here’s Joe’s number, he’ll do a good job of suing us: “Some Maryland hospitals recommend lawyers to patients” [Baltimore Sun, Ron Miller]
  • Bribing the states to spend: follies of our fiscal federalism, and other themes from Michael Greve’s new book The Upside-Down Constitution [LLL, more] “Atlas Croaks, Supreme Court Shrugs” [Greve, Charleston Law Review; related, Ted Frank]
  • “… Daubert Relevancy is the Sentry That Guards Against the Tyranny of Experts” [David Oliver on new First Circuit opinion or scroll to Jan. 23]
  • Goodbye old political tweets, Eric Turkewitz is off to trial;
  • State laws squelch election speech, and political class shrugs (or secretly smiles) [George Will]
  • Too bad Carlyle Group got scared off promising experiment to revamp corporate governance to curb role of litigation [Ted Frank, Gordon Smith] AAJ should try harder to use people’s quotes in context [Bainbridge]
    • Tags: , , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2012/02/february-8-roundup-4/feed/ 2     “Dressing psychiatrists like wizards on the witness stand” http://overlawyered.com/2012/01/dressing-psychiatrists-like-wizards-on-the-witness-stand/ http://overlawyered.com/2012/01/dressing-psychiatrists-like-wizards-on-the-witness-stand/#comments Tue, 17 Jan 2012 14:22:30 +0000 Walter Olson http://overlawyered.com/?p=26903 Checking out a published report, Erik Magraken contacted former New Mexico state senator Duncan Scott and found that it was true, the lawmaker had indeed introduced a legislative amendment in 1995 providing that:

    When a psychologist or psychiatrist testifies during a defendant’s competency hearing, the psychologist or psychiatrist shall wear a cone-shaped hat that is not less than two feet tall. The surface of the hat shall be imprinted with stars and lightning bolts. Additionally, a psychologist or psychiatrist shall be required to don a white beard that is not less than 18 inches in length, and shall punctuate crucial elements of his testimony by stabbing the air with a wand. Whenever a psychologist or psychiatrist provides expert testimony regarding a defendant’s competency, the bailiff shall contemporaneously dim the courtroom lights and administer two strikes to a Chinese gong…

    The amendment — intended satirically, one should hasten to add –”passed with a unanimous Senate vote” but was removed from its bill before consideration by the state house and never became law. (& Coyote, Above the Law)

    Tags: , ,

    Related posts

    ]]>     http://overlawyered.com/2012/01/dressing-psychiatrists-like-wizards-on-the-witness-stand/feed/ 8     Who was that court-appointed expert again? http://overlawyered.com/2011/11/who-was-that-court-appointed-expert-again/ http://overlawyered.com/2011/11/who-was-that-court-appointed-expert-again/#comments Wed, 09 Nov 2011 15:30:10 +0000 Walter Olson http://overlawyered.com/?p=25557 “Macomb County Probate Court officials can’t explain how a man falsely claiming to be a medical doctor was allowed to decide whether people were mentally competent to handle their own estates and whether jail inmates needed mental health care.” [Detroit News]

    Tags: , ,

    Related posts

    ]]>     http://overlawyered.com/2011/11/who-was-that-court-appointed-expert-again/feed/ 2     October 28 roundup http://overlawyered.com/2011/10/october-28-roundup-2/ http://overlawyered.com/2011/10/october-28-roundup-2/#comments Fri, 28 Oct 2011 05:32:57 +0000 Walter Olson http://overlawyered.com/?p=24992
  • Self-parody watch: Rep. Rosa DeLauro (D-Ct.) wants federal program to dispense free diapers [Fox News]
  • Trial-lawyer-friendly Florida Supreme Court could strike down state’s 2003 malpractice limits [Orlando Business Journal]
  • Don’t forget to thank Wal-Mart lobbyists for that debit fee charge [Mark Perry]
  • “Should insurers [be compelled by law to] pay for eating disorders?” [NYT "Room for Debate"]
  • Texas man drops suit against former fiancee [Above the Law]
  • “$75,000 Settlement for Muslim Teacher Denied 19 Days’ Unpaid Leave for Hajj (Pilgrimage to Mecca)” [Volokh]
  • Epidemiology for hire: “The Texas Sharpshooter Goes Free Range” [David Oliver]
    • Tags: , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/10/october-28-roundup-2/feed/ 3     Liability for negligent expert witnesses? http://overlawyered.com/2011/09/liability-for-negligent-expert-witnesses/ http://overlawyered.com/2011/09/liability-for-negligent-expert-witnesses/#comments Mon, 19 Sep 2011 13:52:45 +0000 Walter Olson http://overlawyered.com/?p=24670 The recent British decision of Jones v. Kaney points in that direction, and one expert in Canada says, “Bring it on” (via Erik Magraken):

    I like Britain’s approach because everyone, including expert witnesses, should be responsible for their actions. … I make an error or I provide care that’s below standard, I should be held responsible and I am. I don’t see why that responsibility should disappear because I’m now acting as an expert on the witness stand in court.

    Tags: ,

    Related posts

    ]]>     http://overlawyered.com/2011/09/liability-for-negligent-expert-witnesses/feed/ 0     “Twisted ethics of an expert witness” http://overlawyered.com/2011/08/twisted-ethics-of-an-expert-witness/ http://overlawyered.com/2011/08/twisted-ethics-of-an-expert-witness/#comments Mon, 01 Aug 2011 06:09:43 +0000 Walter Olson http://overlawyered.com/?p=24094 Horrifying Seattle Times investigation:

    For a quarter century [Stuart] Greenberg testified as an expert in forensic psychology, an inscrutable field with immense power. Purporting to offer insight into the human condition, he evaluated more than 2,000 children, teenagers and adults. His word could determine which parent received custody of a child, or whether a jury believed a claim of sexual assault, or what damages might be awarded for emotional distress. …

    His peers elected him their national president. But his formidable career was built upon a foundation of hypocrisy and lies.

    Tags: , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/08/twisted-ethics-of-an-expert-witness/feed/ 13     Faulty forensics, child death division http://overlawyered.com/2011/07/faulty-forensics-child-death-division/ http://overlawyered.com/2011/07/faulty-forensics-child-death-division/#comments Wed, 13 Jul 2011 16:03:38 +0000 Walter Olson http://overlawyered.com/?p=23816 A Frontline/NPR/Pro Publica joint investigation makes a powerful case that prosecutors have drawn on the work of errant labs and expert witnesses to generate unreliable charges, and sometimes convictions, following unexplained deaths of children. Among the targets: numerous parents falsely accused of murdering their own children.

    Tags: ,

    Related posts

    ]]>     http://overlawyered.com/2011/07/faulty-forensics-child-death-division/feed/ 1     Ereck Plancher verdict http://overlawyered.com/2011/07/ereck-plancher-verdict/ http://overlawyered.com/2011/07/ereck-plancher-verdict/#comments Sat, 09 Jul 2011 14:38:45 +0000 Walter Olson http://overlawyered.com/?p=23761 Following a battle of the medical experts, a jury tells the UCF Athletics Association to pay $10 million in the death of a student player who “collapsed and died following offseason conditioning drills at the UCF football complex.” [Chicago Tribune]

    Tags: , ,

    Related posts

    ]]>     http://overlawyered.com/2011/07/ereck-plancher-verdict/feed/ 9     June 30 roundup http://overlawyered.com/2011/06/june-30-roundup-3/ http://overlawyered.com/2011/06/june-30-roundup-3/#comments Thu, 30 Jun 2011 05:10:01 +0000 Walter Olson http://overlawyered.com/?p=23661
  • First Amendment wins as SCOTUS strikes down violent-videogame ban [Ilya Shapiro, Hans Bader] Justice Scalia cites “Snow White” and “Hansel and Gretel” [Ann Althouse]
  • More Wal-Mart v. Dukes analysis [Schwartz, Althouse, Trask, Fisher, Beck, Sergio Campos/Prawfs] And aftermath for the litigants and others: ABA Journal (Pelosi wants legislative fix), CLP (plaintiffs), Reuters (law firm that’s won hundreds of millions in class actions complains it’s sunk $7 million into the case), Ted Frank (responding to that), Bay Citizen (”Foundations Could Pull Plug on Wal-Mart Suit”).
  • “Would the REINS Act Rein In Federal Regulation?” [Jonathan Adler, Regulation magazine (PDF)]
  • “Hypotheses Are Verified By Testing, Not By Submitting Them To Lay Juries For A Vote” [David Oliver; Drug and Device Law on denture cream product liability suit]
  • Clash between federalism and some med mal reform proposals could have implications for ObamaCare battle [John Baker, Daily Caller; earlier]
  • Dan Snyder Gets a Taste of D.C.’s New Anti-SLAPP Law [Citizen Media Law, earlier]
  • Court skeptical of testimony of lap dance expert [Legal Blog Watch]
    • Tags: , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/06/june-30-roundup-3/feed/ 0     May 2 roundup http://overlawyered.com/2011/05/may-2-roundup-2/ http://overlawyered.com/2011/05/may-2-roundup-2/#comments Mon, 02 May 2011 13:39:04 +0000 Walter Olson http://overlawyered.com/?p=22798
  • In suit over weird, elaborate online hoax, court allows fraudulent-misrepresentation claim despite lack of motive of tangible gain [Chi Trib]
  • Service animal rodeo: “A trained rat probably would have had a good case in California” [AP/Statesman-Journal] Broward County, Fla. backs lonely widow’s right to keep “prescription Chihuahua” against rules of condo board [AOL, Sun-Sentinel] Oklahoma: “Depressed Woman Fights to Keep Therapy Kangaroo” [Newser] Earlier on recent change in federal rules;

    • DahliaCrateLabel

  • Should lawmakers screen bills for constitutionality? Ms. Lithwick has trouble sticking to a position [AEternitatis]
  • Human-relations complaint leads to arrest of U.K. man for singing “Kung Fu Fighting” [MSNBC]
  • Barney Frank: Yes, let’s talk about med-mal reform [The Hill] Ringing the bell: Roundups of more big med-mal verdicts [White Coat, more]
  • “Expert Witnesses Stripped Of Immunity From Negligence Suits In The UK” [Erik Magraken]
  • “Sustainability”: an empty idea? Or perhaps actively wrongheaded? [David Friedman via David Henderson]
    • Tags: , , , , , , ,

    Related posts

    ]]>     http://overlawyered.com/2011/05/may-2-roundup-2/feed/ 0