Publications

Section Newsletter Articles on Expert Witnesses

Surveys, science & skepticism By Daniel Kegan Intellectual Property, February 2014 Expert witnesses are used in diverse areas of the law, including intellectual property, and are typically paid for their work, as attorneys commonly are. A skilled expert may find consistent employment helping fact finders understand the evidence and implied facts.
Authoritative texts: Expert witnesses are allowed to read to the jury the contents of inadmissible scientific and medical literature as the basis for an opinion By Kurt D. Lloyd Tort Law, November 2012 This article provides a thorough and thoughtful analysis of an interesting evidentiary issue in cases involving expert witnesses.
Reducing treating physicians’ depositions fees By Gina Rossi Young Lawyers Division, February 2012 An overview of the case of Montes v. Mai, and a discussion of one route practitioners can take to challenge physicians' fees.
Stapleton v. Moore: Cross-examination of a medical expert with a learned treatise By Hon. Daniel T. Gillespie Civil Practice and Procedure, October 2010 In Stapleton, the trial judge allowed defense counsel to cross-examine plaintiff’s expert with a medical article that was not disclosed in discovery. The appellate court affirmed.
Admissibility of an expert opinion prior to or after class certification? By John J. Holevas Civil Practice and Procedure, July 2010 The 7th Circuit found that when an expert’s report or testimony is critical to class certification and forms the basis of plaintiff’s theory, a district court must conclusively rule on any challenge to the expert’s qualification or submissions prior to ruling on a class certification motion.
Admissibility of an expert opinion prior to or after class certification? By John J. Holevas Federal Civil Practice, June 2010 The 7th Circuit ultimately concluded that when an expert’s report or testimony is critical to class certification and forms the basis of plaintiff’s theory, a district court must conclusively rule on any challenge to the expert’s qualification or submissions prior to ruling on a class certification motion.
Do some medical providers hold their testimony for ransom? By Richard D. Hannigan Workers' Compensation Law, June 2010 What exactly is a "reasonable" fee for the time and travel costs related to a doctor's expert testimony?
“Physician” nets reasonable rate of $66.95 per hour for deposition By Kimberly A. Davis Civil Practice and Procedure, April 2010 An Illinois appellate court recently declined to define a reasonableness formula for calculating a physician's deposition fee.
Illinois appellate court examines a medical expert’s qualifications: McWilliams v. Dettore, (1st District, 2009) 387 Ill.App.2d833, 901 N.E.2d 1023 By Bridget A. Mitchell Civil Practice and Procedure, July 2009 In McWilliams v. Dettore, the Illinois appellate court primarily focused on whether plaintiff’s expert, a hematologist/oncologist, was qualified to offer standard of care opinions against a defendant surgeon.
Costs of taking evidence deposition of out-of-state physician properly awarded By John E. Thies Civil Practice and Procedure, April 2009 In Peltier v. Collins, a unanimous Second District panel held that the trial court properly awarded the costs of the court reporter and videographer incurred by plaintiffs in obtaining the evidence deposition of an out-of-state physician. 
Disclosing expert witnesses By Travis J. Ketterman Federal Civil Practice, September 2007 The Federal Rules of Civil Procedure provide a roadmap for the proper disclosure of expert witnesses.
Cross-examination of a medical expert witness regarding the expert’s personal opinion or personal practice By John M. Stalmack Tort Law, July 2007 In a medical negligence action in which expert testimony is required to meet the burden of proof, the expert must establish the standard of care.
Production of financial records by a Supreme Court Rule 213(f)(3) Expert Witnesses By Albert E. Durkin Tort Law, July 2007 The Illinois Appellate Courts have not created a bright line rule as to whether production of extrinsic evidence to support financial claims made by expert witnesses should be required, although this issue has been hotly litigated elsewhere.
Minimum contacts with your out-of-state expert By Kelli E. Gordon Civil Practice and Procedure, May 2007 Hiring an expert from another state may subject you to jurisdiction in that state.
Choosing (and using) a mental health expert witness for immigration cases By Phyllis Gould International and Immigration Law, April 2007 The work of a mental health expert witness in immigration cases can be compared to that of a journalist: it’s the expert’s job to tell the client’s story in as interesting, detailed, and moving way as possible.
Re-direct examination, the right to rehabilitate an expert By Bridget A. Mitchell Civil Practice and Procedure, April 2007 In Shaheen v Advantage Moving and Storage, Inc., 369 Ill. App.3d 535, 860 N.E.2d 375, 307 Ill.Dec. 721 (1st Dist.2006), the appellate court examines the plaintiff’s right to rehabilitate his expert, a treating physician who is offering expert testimony in the case.
Licensed to testify? A change in focus for medical expert qualifications By D.J. Evans Civil Practice and Procedure, December 2006 A plaintiff’s expert physician offers what he believes would have been the proper course of treatment and its purported effectiveness had the defendant properly diagnosed the patient’s medical condition