When Does an Expert Hearing Make National News?
When the Expert is being examined in Federal Court for reliability in a high-profile case. And, it seems, when the Expert is proffered on what the media calls "a memory defense," and testifies that she forgets that the interrogating attorney, in this case Patrick Fitzgerald, also previously cross-examined her in a different case. That is what is being reported in Carol Leonnig, "In the Libby Case, A Grilling to Remember" (Washington Post, page A21, Friday October 27, 2006).
Remember that the reports so far are newspaper and other media accounts. The reports also note that the Federal Judge has not yet ruled, apparently, on the issues addressed at this Expert Hearing. For recent issues addressed by Federal Courts and State Courts in Insurance cases, here is an article I wrote this year: "Experts, Gatekeepers, and Insurance Issues in Federal Cases."pdf. In other articles, I have addressed case law and the practical experience of actually dealing with issues of when to use and how to interview and retain Insurance Experts in the first place. Here is a link to one, published in Coverage magazine through the Insurance Coverage Litigation Committee of the American Bar Association: "Insurance Expert Witnesses: When is Their Opinion Testimony Admissible and When is it Desirable?".pdf.
REMINDER: THE CONTENTS OF THIS BLOG DO NOT MAKE AN ATTORNEY-CLIENT RELATIONSHIP. ALWAYS CONSULT THE CASES AND LAWS OF EACH PARTICULAR JURISDICTION AND AN ATTORNEY FAMILIAR WITH THE PARTICULAR INSURANCE ISSUE IN THAT JURISDICTION, WHENEVER YOU TRY TO ADDRESS OR RESOLVE ANY LEGAL QUESTION.
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