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Case Study: Expert Witness Claims Expertise Not Actually Present

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Instead of ambiguous phrases like "cut time in half," Hines calls for using real numbers in case studies. Make the "clear as day," she says.

When presenting a case study, show what you product has done on average for your range of clients. Not all impressive results come in number form, says Sorenson on the HubSpot blog. If the end result is impressive and you know your prospects might find these results important, share them through direct quotes that you visually call out within the case study content," she write.

No KPI needed there. In her interviews, Hibbard says she likes to ask the following question to possibly pull out an anecdote result: Customer quotes are essential to a case study, used both in the copy and for marketing purposes. Here are the three key type of quotes recommended by Hibbard on her blog:.

Another way to make sure your customer is fully onboard and to solidify your case study of their results as factual is to include their contact information.

Beyond writing and re-purposing your case studies, comes marketing. Here are two Zaps that help some companies ease the workload of case study marketing with Zapier automation. Do you have a case study tip to share? You might also enjoy this article: Woman in restaurant photo courtesy Plantronics Germany via Flickr. Photo of Steve Slaunwhite from Twitter. Casey Hibbard photo from Twitter. Approved photo courtesy Daniel Kulinski. Baseball photo courtesy clappstar on Flickr.

Danny Schreiber lives in Iowa, runs marketing at Zapier, and likes to run, read up on process and productivity, and try his hand at cooking. Comments powered by Disqus. Zapier is the easiest way to automate powerful workflows with more than 1, apps.

Email me about new features. Time-tracking app Harvest uses snacks on its customer stories page. In Patel , it was an expert in biomechanics making critical findings based largely on video evidence with no expertise in forensic video analysis. This problem is much broader than the Patel case. We also see qualified experts in use of force, gait analysis, accident reconstruction, among other fields of expertise, writing expert reports and giving expert testimony containing opinions based on their understanding of video evidence.

Without fully understanding such technical topics as:. This is not a problem without a solution. In fact, the solution is quite simple. Rather than claiming expertise that is not present and reaching conclusions that are not defensible, experts need to understand the limitations of their expertise.

No one expects an expert witness to know everything about every possible topic. Expert witnesses have a professional and ethical obligation to stay within their area of expertise and to only provide opinions in keeping with their specific expertise. Therefore, when an expert in a different area of expertise encounters a situation where the analysis and interpretation of video evidence is central to forming opinions and conclusions, a properly qualified and competent forensic video analyst must be consulted.

It is not a weakness for an expert to bring in a second expert in a different area of expertise. A client is entitled to that and an expert is obliged to provide it. There are far too many cases of experts exceeding their true expertise and giving opinions that do not withstand scrutiny. This does a disservice to the client, the attorney, the court and the administration of justice.

Where there is no expert to assist an attorney in evaluating and responding to opposing expert evidence, there being no contrary view, the court may wrongly conclude that the expert evidence is admissible when in reality it should be excluded.

This is not the fault of the court as the court must evaluate the evidence presented. Judges are not technical experts. That is not their role. They assess the case that is presented before them. When uninformed and misleading intended or not expert evidence is presented to the trier of fact, we run the risk of the trier reaching the wrong conclusion and therefore a miscarriage of justice occurs.

The goal of all litigation should be to ascertain the truth and then determine what legal consequences flow from that factual assessment. Winning at all costs has no place in a just society. Expert witnesses play an integral role in litigation and in the court system.

Experts should always strive to give opinions that are informed, scientifically valid and within their area of expertise and competency.

The Federal Rules of Evidence establish a baseline for expert testimony, stated in Rule as follows: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: He offered a series of opinions in his expert report, including: Issue 1 — Is Dr. Fredericks were the following: Cummings had limited technical knowledge of the video evidence; The COBAN in-car video could not be used for the purpose of calculating head velocity as it was not sufficiently accurate for that purpose; and Dr.

Cummings was unaware of any peer-reviewed scientific publications which would support the use of compressed video to calculate the velocity of a falling person. At page 14, the Court stated: Issue 2 — Did Dr. Cummings Employ Reliable Methodology?

Issue 3 — Will the Evidence of Dr. Cummings Assist the Jury? The plaintiff argued that: The Result The Court therefore excluded the evidence of Dr. In its concluding comments, the Court stated at p. What are the Implications of this Decision? Our website has embedded options of getting higher amount of discounts if you are signing up for the first time, along with other attractive bonuses.

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Example Case Study. Expert TA was used in your PHYS Course for the Fall semester. You had total of 23 assignments which contained a total of problems. (d) the expert has reliably applied the principles and methods to the facts of the case. Rule must be read in conjunction with three seminal decisions of the Supreme Court that address expert testimony: Daubert v.

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