Expert Designations

The Supreme Court yesterday reversed and rendered another judgment for failing to properly disclose expert opinions.  The case was Cleveland, et. al v. Hamil, et. al.  located here.   The jury had originally awarded the Plaintiff a judgment for over a million dollars.  I previously discussed expert designations here.  This cases reaffirms my paranoia on expert disclosures.  As I previously talked about, every single basis of the opinion needs to be in the disclosure.  In light of this case, you almost have to do a dry run of your testimony with the expert, transcribe it, and then put it in a designation.  I predict the next hot topic will be whether or not a treating physician is an expert and what all has to be disclosed regarding their opinion as to whether they must be designated as an expert.