Articles

Expert Witness Declarations: Admissible Opinion or Jargon Word Salad?

Feb 05, 2020

"I'll see you in court!" It's one of those lines that seems to make its way into any courtroom drama. But like a judge banging a gavel, some things make for good television but never actually happen in real life. 

This is not to say lawyers are immune from having their share of meaningless colloquialisms. Take "battle of the experts." Attorneys toss around this phrase to describe certain cases or trials as basic coin flips. That upcoming trial about an allegedly defective widget? Don't ask me. ...

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The Supplemental Witness Exchange: The Father's Day Of California Litigation

Jul 16, 2019

When it comes to Father's Day, mothers have a distinct advantage. Why? Because Mother's Day is in May and Father's Day is in June. (To be clear, I have repeatedly told my daughters that Mother's Day is not Wife Day--it is their responsibility to make cards, get a gift, fix breakfast, etc., but I'm still needing to ... facilitate the day.) So whatever occurs on Mother's Day implicitly sets the tone for Father's Day. If Mother's Day is celebrated with a heartfelt text and Wendy's take-out, Dad sho...

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The Expert Impeachment Witness: Fight the Facts, Not the Opinion

Apr 29, 2018

"Like a house built on sand, the expert's opinion is no better than the facts upon which it is based." This famous line from Kennemur v. State of California, 133 Cal. App. 3d 907, 924 (1982), can be found in virtually every California motion to exclude an opponent's expert witness. And it is typically cited for one of two arguments:

There is the junk science argument. This argument seeks to show the expert's reasoning or methodology is unreliable. It is used against the expert who opines the pl...

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