Lugar de Noticias Haynes and Boone
Expert Testimony in Litigation: A 'How (not) to Guide'
John D. Penn
In re Med Diversified, Inc. is a cautionary tale for bankruptcy litigators (See full text on page 12). As Judge Stan Bernstein notes in his conclusion, “it should serve as a warning to other litigants ... to make sure that their experts apply the standard methods correctly lest they find their experts’ reports denied admission.” He rejected both expert reports as inadmissible and left the parties scrambling to deal with the consequences.