Product Description

Recent updates:

• Update: December 2022

  Dear Subscriber:

  Thank you for enhancing your library with the 2022 edition of Massachusetts Expert Witnesses . This new edition brings updated resources within your immediate reach--for fast, accurate, and practical answers to your questions. Highlights from among the many issues addressed in this edition include

  • a percipient witness testifying as an expert witness;

  • the circumstances under which expert testimony is necessary to establish a prima facie case;

  • the use of expert testimony in legal malpractice actions;

  • the application of the Daubert-Lanigan standards to a number of specific issues, such as fingerprint evidence; paint analysis; the association of certain tattoos with white supremacist groups; and GPS data;

  • substantially updated information on the use of experts in electronic discovery, addressing topics such as selection of experts, preservation and spoliation of evidence, technology-assisted review, proportionality, and the adoption of Mass. G. Evid. s. 1119 on digital evidence;

  • a proposed amendment to Rule 702 of the Federal Rules of Evidence;

  • numerous expert-related developments in criminalistics concerning, for example, fingerprints, footprints, ammunition and ballistics, testimony of medical examiners, death certificates, cause and time of injury, and bloodstain patterns;

  • the presentation and admissibility of DNA evidence;

  • the use of statisticians and social scientists, among other types of experts, in litigating employment cases;

  • a recent Supreme Judicial Court ruling that a "but for" standard applies to causation in negligence cases involving multiple alleged causes of harm; and

  • the use of experts in addressing a number of issues in securities litigation, such as materiality, causation, damages, and accounting standards.

  We trust you will find this latest version of Massachusetts Expert Witnesses an invaluable resource for your busy practice.

  Cordially,

  John M. Lawlor, Esq., Publications Attorney

Table of Contents

Chapter 1 expand

Introduction of Expert Testitmony

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Erin J. Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC
L. Jeffrey Meehan, Esq., Doherty, Wallace, Pillsbury & Murphy, PC

Chapter 2 expand

Selecting and Retaining Experts

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Kenneth C. Pickering, Esq., Pickering Legal LLC

Chapter 3 expand

Discovery Relating to Experts

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Laura R. Studen, Esq., Burns & Levinson LLP
Aaron S. Welo, Esq.,

Exhibit 3A

- Sample Interrogations Buy Form

Exhibit 3B

- Products Liability Deposition Outline Buy Form

Exhibit 3C

- Expert Deposition Outline Buy Form

Exhibit 3D

- Physician Expert Deposition Outline for Mental Capacity Buy Form

Chapter 4 expand

Using Experts for Negotiating Setttlements

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Edward C. Bassett, Jr., Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 4A

- Vocational Expert’s Report Buy Form

Exhibit 4B

- Economist's Report Buy Form

Exhibit 4C

- Accident Reconstruction Report Buy Form

Exhibit 4D

- Interstate Trucking Spoliation Letter Buy Form

Chapter 5 expand

Daubert/Lanigan Issues

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Nava Berger, Northeastern University School of Law
Alexander Bevans, Esq., Choate Hall & Stewart LLP
Michael B. Bogdanow, Esq., Meehan, Boyle, Black & Bogdanow, PC
Robert Foster, Esq., Meehan, Boyle, Black & Bogdanow, PC
Bryana T. McGillycuddy, Esq., Choate Hall & Stewart LLP

Chapter 6 expand

Examination of Experts

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Patrick T. Jones, Esq., Jones Kelleher LLP
Audrey Poore Joyce, Esq., Jones Kelleher LLP

Exhibit 6A

- Suggested Forms for Opinion Questions Buy Form

Chapter 7 expand

Accountants - Expert Witness

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Catherine Bednar, Esq., Freeman Mathis & Gary LLP
Ryan Giggi, Esq., Freeman Mathis & Gary LLP
Nancy M. Reimer, Esq., Freeman Mathis & Gary LLP

Exhibit 7A

- Outline of an Accounting Expert Witness Examination Buy Form

Chapter 8 expand

Business Valuations and Damages

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Danniel Baer, Floyd Advisory
Joseph J. Floyd, Floyd Advisory
Paul W. Shaw, Esq., Verrill Dana LLP

Exhbiit 8B

- Sample Valuation Report Buy Form

Exhibit 8A

- Resources Buy Form

Exhibit 8C

- Outline of Direct Examination of Accountant Buy Form

Chapter 9 expand

Digital Discovery

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Ronaldo Rauseo-Ricupero, Esq., Nixon Peabody LLP

Chapter 10 expand

Construction and Engineering Experts

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Dayana Donisca, Esq.,
James B. Peloquin, Esq., Conn Kavanaugh Rosenthal Peisch & Ford LLP

Exhibit 10A

- Model Outline for Examination of Expert Witness in a Construction-Related Trial Buy Form

Chapter 11 expand

Criminalistics

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Adrienne C. Lynch, Esq., Middlesex Superior Court, Commonwealth of Massachusetts

Chapter 12 expand

DNA Evidence

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Stephanie Martin Glennon, Esq., Norfolk District Attorney's Office, Commonwealth of Massachusetts

Chapter 13 expand

Economics Experts

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Albert P. Zabin, Esq.,

Chapter 14 expand

Employment Lawsuits

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Amanda Marie Baer, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 14A

- Resources for Locating Experts Buy Form

Exhibit 14B

- List of Some Experts by Specialty Area Buy Form

Chapter 15 expand

Environmental Experts

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Stephen J. Brake, Esq., Nutter McClennen & Fish LLP
Mary K. Ryan, Esq.,

Exhibit 15A

- Sample Expert Retention Letter Buy Form

Exhibit 15B

- Common Interest, Confidentiality, and Tolling Agreement Buy Form

Exhibit 15C

- Sample Public Records Requests Buy Form

Chapter 16 expand

Legal Malpractice

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Allen N. David, Esq., Peabody & Arnold LLP
Susan Margaret Silva, Esq., Peabody & Arnold LLP

Chapter 17 expand

Medical Experts

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Elizabeth N. Mulvey, Esq., Libby Hoopes Brooks & Mulvey, P.C.
Kevin C. Reidy, Esq., McCarthy Kenney & Reidy, PC

Exhibit 17A

- Useful Medical Websites Buy Form

Chapter 18 expand

Premises Liability

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Jeffrey A. Newman, Esq., Law Offices of Jeffrey A. Newman & Associates

Exhibit 18A

- Contact Information for Expert Witness Services Buy Form

Exhibit 18B

- Websites About Experts Buy Form

Exhibit 18C

- Websites About Security Experts Buy Form

Chapter 19 expand

Products Liability

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Jacob J. Lantry, Esq., Campbell Conroy & O'Neil, PC
Michelle I. Schaffer, Esq., Campbell Conroy & O'Neil, PC

Exhibit 19A

- Sample Expert Report for Federal Case Disclosure Buy Form

Exhibit 19B

- Defendants’ Expert Disclosure Buy Form

Exhibit 19C

- Defendant’s Motion in Limine to Preclude Expert Testimony and Supporting Memorandum of Law Buy Form

Exhibit 19D

- Memorandum of Decision and Order on Defendant’s Motion to Exclude Expert Testimony Buy Form

Exhibit 19E

- Defendants’ Motion in Limine to Exclude Expert Testimony and for Summary Judgment, and Memorandum of Law in Support Buy Form

Exhibit 19F

- Memorandum of Law and Order on Defendants’ Motion to Exclude Testimony and for Summary Judgment Buy Form

Chapter 20 expand

Psychological Experts

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Hon. Christine D. Anthony, Probate and Family Court, Commonwealth of Massachusetts
Connor M. Barusch, Esq., Committee for Public Counsel Services
Michael P. Judge, Esq., Casner & Edwards LLP

Exhibit 20A

- Order Appointing Guardian ad Litem Buy Form

Exhibit 20B

- Motion to Exclude Opinion Testimony Concerning Future Dangerousness Buy Form

Exhibit 20C

- Motion to Take Expert Witness on Voir Dire Examination Buy Form

Exhibit 20D

- Motion to Exclude Certain Opinion Testimony Buy Form

Chapter 21 expand

Securities Litigation

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Norman Berman, Esq., Berman Tabacco
Steven J. Buttacavoli, Esq., Berman Tabacco
John R. Snyder, Esq., Potomac Law Group PLLC

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