The working relationship between the attorney and their expert witness in a case can be more effective if a few simple guidelines are followed. These are common sense things but one or more can be overlooked in the frequent day-to-day rush that busy attorneys face. When that happens some of the potential contributions from the expert may be compromised or lost to the detriment of the attorney's client.
A recent case addressed the interesting question of whether a corporation could serve as an expert witness. The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company ("Dole"). The defendants designated Stifel, Nicolaus & Company, Incorporated ("Stifel"), a corporation, to serve as their expert witness regarding the value of Dole.
At first blush you may think that this article is about a small, albeit ugly armored animal and you would be justified in doing so. After all, the name Armadillo Partners conjures up a mental image of a corporate holding of armadillos, presumably for sale. Such would not be the case however. In fact, this article is about an arbor area and trees located at a shopping center called Armadillo Square in Broward County, Florida.
The Plaintiff, a tenant of the subject apartment building, was on the roof of the building, when the Plaintiff fell through a rooftop skylight located above the apartment building hallway. The Plaintiff had been on the roof with a friend, but was alone at the time of the incident.
According to a new national survey, there has been a sharp drop in the percentage of America's children being physically bullied or beaten up by their peers.
I review all the depositions and documents taking reference to techniques, procedures, and timelines from the perspective of the neutral observer at the time of the event.
Assigning fault and responsibility in a lawsuit involving a school is rarely clear cut.
Eyewitnesses to the event may only tell what they saw, heard, felt or smelled; they are not allowed to tell what others have said (hearsay) or say what they think of the case.
Experts are a very important, and often critical, component of a lawsuit. Aside from all of the traditional elements and facets (Forensic Analysis & Testimony), is the litany of activities that the Expert may play in the initial role of Consultant to the Attorney.
Think you have that winning expert witness in your back pocket? Think again. The 6th Circuit has recently released an opinion that reminds experts and attorneys to use extreme caution: That ace-in-the-hole, hired-gun expert witness might just backfire if you're not careful.