Product Description

Recent updates:

• Update: February 2018

  Dear Subscriber:

  Thank you for keeping up-to-date on expert witness testimony with this third edition of Massachusetts Expert Witnesses. In this new edition, you will find commentary on such issues as the following:

  • Experts. See Chapter 3 for a discussion of work product protection for communications with expert witnesses under Massachusetts and federal law.

  • Using Experts to Negotiate Settlements. See Chapter 4 for a tip on settlements where the client currently receives MassHealth, Medicare, Social Security Disability Income, or Supplemental Security Income.

  • Construction Cases. See Chapter 10 for discussion of a 2017 case on proving damages where the court first found that the circumstances of the case enabled the affected subcontractor to avoid the prohibition of a "no damages for delay" clause and then allowed testimony as to the "total cost method" to measure loss of productivity.

  • Criminalistics. Chapter 11 alerts you to a report entitled Forensic Science in Criminal Courts: Ensuring Scientific Validity of Feature Comparison Methods, issued by the Presidents Council of Advisors on Science and Technology (PCAST) in September 2016.

  • Firearms. Chapter 11 also includes information and a 2016 decision pertinent to cases where whether an item meets the statutory definition of a firearm, i.e., operability of a weapon to discharge a projectile, is an element of the offense and the particular weapon is not recovered, and the use of circumstantial evidence to satisfy proof of that element.

  We at MCLE trust that you will find this new material useful in your practice, and valuable in maintaining the currency of your law library.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

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