Christine Funk, J.D.

In litigation, whether criminal or civil, there are times when a client’s access to funds is limited. When determining where to cut corners, often times, a decision is made to use the same expert for separate but important roles: that of consulting expert and testifying expert. Consulting Experts Generally Under the Federal Rules of Civil

Posted on December 13, 2018 in Working with Experts

In Shallow v. Follwell, plaintiffs Heather Shallow, Michael Bishop, and Todd Bishop sued Dr. Richard Follwell, alleging the negligent wrongful death of the plaintiffs’ mother after her bowel was perforated during surgery.  Plaintiffs alleged that in addition to perforating the bowel, Dr. Follwell failed to recognize and treat the injury after surgery.  On appeal, plaintiffs

Posted on January 3, 2019 in Working with Experts

An Indiana court will serve as the venue for the first-ever multistate data breach lawsuit, as the attorneys general of twelve US states join forces against a healthcare provider and its subsidiary. The lawsuit alleges that Fort Wayne-based Medical Informatics Engineering and its subsidiary NoMoreClipboard “failed to take adequate and reasonable measures to ensure their

Posted on January 8, 2019 in Litigation Monitor & News

In October of 2018, a Federal Court denied plaintiffs their motion for an extension and amendment of the scheduling order.  The case provides an illustration of the importance of either following the scheduling order or taking steps to establish due diligence in attempting to comply with the scheduling order. The plaintiffs breed both ranch horses

Posted on January 15, 2019 in Litigation Monitor & Working with Experts

Former UFC fighters have filed a class action antitrust lawsuit against the Ultimate Fighting Championship (UFC) alleging that the UFC had a monopoly on fighters as well as a monopoly on their labor (monopsony). Before a class action is permitted to go forward, however, the class must be certified. Allegations of Monopoly and Monopsony The

Posted on February 12, 2019 in Litigation Monitor & News

There are times when a court case demands the input of one or more experts. However, this does not necessarily mean each party must have their own expert. Consider, for example, a divorce case where a parenting expert is needed. Alternatively, a partnership dispute may require the valuation and division of a business at issue,

Posted on February 5, 2019 in Working with Experts

Every lawyer who has hired an expert understands the importance of expert witness testimony at trial. Attorneys also know that in many cases, their selection of experts may win or lose the case. As such, lawyers look for experts who are able to communicate complicated issues in a manner lay people can understand. An excellent

Posted on February 19, 2019 in Working with Experts

In many legal malpractice cases, experts are used to explain to the jury what the applicable standard of care is so jurors can adequately assess whether there was a breach in the attorney’s duty to the client/plaintiff. Elements of Legal Malpractice In order to establish legal malpractice, a plaintiff must prove the following elements: An

Posted on February 26, 2019 in Working with Experts

Rule 26 (a) (2) of the Federal Rules of Civil Procedure calls for the mandatory disclosure of any expert witness either side “may use at trial to present evidence under Federal Rule of Evidence 702, 703, or 705.”  FRE 702 addresses testimony by expert witnesses, FRE 703 addresses the foundation upon which an expert opinion

Posted on March 7, 2019 in Working with Experts

Because of the wide variety of cases that come before the courts, there is a wide variety of experts that come to court to offer testimony. Some experts may find their personal expertise can cross over from one area of the law to another.

Posted on March 26, 2019 in Working with Experts