Retroactive application of new expert rules unconstitutional
At least two trial judges have declined to apply the newly enacted Daubert rules for expert witnesses retroactively. Both Judge Melody Clayton in the State Court of Cobb County (Marietta) and Judge Hermann Coolidge in the State Court of Chatham County (Savannah) reached the same conclusion. Applying the new standards for expert testimony in an old case, in which the parties have a substantial investment in trial preparation under the old rules, violates rights of due process and meaningful access to the courts.
The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a “SuperLawyer” in Atlanta Magazine and one of the “Legal Elite” in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks).