Experts Case Law

Question 1

Davis v. Adams

Answer 1

The conclusions of an expert don’t define the reliability of their methods

Question 2

Tarot Readers v. Merrell Dow

Answer 2

There is no definitive checklist for proving reliability, however: Testability, peer-review, error rates, widespread use, other meaningful factors. Up to discretion of the judge

Question 3

Richards v. Mississippi BBQ

Answer 3

Experts cannot be a conduit to inadmissible hearsay. But, if they relied on hearsay for their conclusions, they may state it.

Question 4

Kane Software Co. v. Mars Investigations

Answer 4

Experts can only testify about opinions and conclusions that are in their reports.
Experts can talk about new opinions on cross if asked and responsive to the question.

Question 5

Aggarwal v. Somani

Answer 5

Experts are not expected to have basic scientific facts known to lay persons in their reports.
Experts are not expected to include every underlying fact from a document.

Question 6

Diamond Design Productions v. Fountain

Answer 6

Witnesses cannot make a definitive conclusion about a case, using verbiage from the fact at issue (____ was negligent)

Question 7

Grant v. Janmohamed

Answer 7

Findings of fact in the NTSB report are admissible, but conclusions regarding the cause of the crash from the NTSB report are not

Question 8

Pippin v. Big Cat Air, LLC

Answer 8

Experts may not use the fact that the NTSB conclusion matched their own conclusion to bolster the credibility of their testimony