Category — Experts

Nov. 23, 2011 – As reported in Virginia Lawyers Weekly, on November 14 an Abingdon federal jury returned a defense verdict in a $50-million product defect case alleging that an eight-year-old girl suffered severe brain damage in a 2009 automobile accident as a result of an allegedly defective child safety seat.  The case, which was tried before Judge James Jones, is Musick v. Dorel Juvenile Group, Inc., 1:11cv05 (W.D. Va.).

Although the defense verdict itself is noteworthy and one that will certainly catch the eye of the plaintiff and defense bars alike, the case is also notable due to several interesting rulings made during the nine-month course of the proceedings.   [Read more →]

June 8, 2011 -  Everyone has been there.  You are in federal court, taking the deposition of one of plaintiff’s treating physicians.  Plaintiff did not file an expert report with his expert disclosures pursuant to Rule 26(a)(2)(B) because treating physicians are exempt from producing an expert report when their opinion is confined to their treatment records.  At the deposition, however, Plaintiff’s expert begins to testify to opinions that were NOT contained in his records. [Read more →]