DPE's are different
Careful careful...
DPE's are specifically protected by FAR's (not just case laws):
§ 61.47 Status of an examiner who is authorized by the Administrator to conduct practical tests.
(b) The examiner is NOT the pilot in command of the aircraft during the practical test unless the examiner agrees to act in that capacity...
CFI, however, is the PIC depending on the flight/training being conducted.
Think: primary student; multi candidate; training a certificated helo brethren working toward a fixed-wing ticket...