Expert Evidence Report Index-Summary

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADEA

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

ADMISSIBILITY

– Causation

– Endangered species act violations, defense testimony of former zoo curator improperly barred (9th Cir.), 502
– Medical causation

See MEDICAL CAUSATION

– Methodology

See METHODOLOGY

– Qualifications

See QUALIFICATIONS

– Securities fraud, ethics training testimony admissible to show knowledge and intent (8th Cir.), 501
– Sufficiency

See SUFFICIENCY

– Testing

See TESTING

– Videotape made by unidentified technician fails to satisfy authentication rule (Md.), 8

AFFIDAVITS

– Airline passenger records, expert's affidavit faulty, EU Parliament member's suit against DHS dismissed (D.D.C.), 34
– Case management, use and limitations of Lone Pine orders, Analysis & Perspective, 101
– Electronic records, computer expert's affidavit cited in ordering county to try to recover deleted e-mails (Ohio), 6
– Legal malpractice, attorney's affidavit of competency of own conduct set aside (Wyo.), 119
– Medical malpractice

– – Failure to file supporting affidavit requires dismissal of claim over fall in hospital (N.J. Super. Ct. App. Div.), 27
– – Orthopedic specialist affidavit silent on license to practice information insufficient (Tenn. Ct. App.), 289
– – Physician letters not in affidavit form not admissible as expert opinions (Mass. App. Ct.), 233

– Motor vehicle design defects, conclusory affidavit insufficient (E.D. Mich.), 427
– Product liability, affidavit may be used to cure unsworn expert report (8th Cir.), 416
– Response to request by referring to previously provided medical records may be amended (Miss.), 332

AGE DISCRIMINATION

– Studies, admission for failure to timely object to inadmissible state investigative study impermissible sanction (Mont.), 471

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Firefighters, physical fitness test failure fails to raise triable issue (D. Ore.), 318
– Navy employee failed to present statistical proof that new training program amounted to bias (11th Cir.), 38

AGRICULTURE

See also FOOD
– Product liability, “resistant” seeds in crop harm case, expert proof on meaning barred (D. Ariz.), 91

AIR TRANSPORTATION

– Airline passenger records, expert's affidavit faulty, EU Parliament member's suit against DHS dismissed (D.D.C.), 34
– China, airline crash suit allowed to move on basis of improved legal system (Cal. Ct. App.), 113
– Pilot license revocation, positive drug test, estimates as to time detection possible not categorical pronouncements requiring inadmissibility (11th Cir.), 349

ALABAMA

– Class actions, expert report based on benchmark amounts paid for uninsured health patients insufficient basis for certification (Ala.), 505
– Legal malpractice, bank claiming out-of-state firm failed to meet standard of care requires expert proof (Ala.), 527
– Medical malpractice, cervical epidural steroid injection as cause of paralysis, res ipsa loquitur may not be relied on (Ala.), 291
– Zyprexa-caused diabetes, failure to warn, expert testimony linking weight gain sufficient to deny summary judgment (E.D.N.Y.), 475

AMERICANS WITH DISABILITIES ACT (ADA)

– Hearing discrimination, UPS agrees to settlement requiring experts' panel to develop new standards for hard-of-hearing drivers (N.D. Cal.), 316
– Reasonable accommodation, expert proof in conflict with plaintiff's testimony rejected (W.D. Mich.), 507

ANALYSIS & PERSPECTIVE

– Accounting, forensic experts

– – Fee recovery through criminal restitution, 194
– – Securities, fair value, 298

– Bankruptcy proceeding, attorney-client privilege re expert witnesses, 402
– Case management, use and limitations of Lone Pine orders, 101
– Causation, anecdotal expert proof in product liability litigation, 70
– Costs of expert review, “quick peek” suggested as solution, 322
– Discovery, data collection, need for consulting forensic experts, 533
– E-discovery

– – Automated search and retrieval tools, impact on need for experts, 459
– – Criminal proceedings, key issues involved in electronically stored information, 268
– – In-house re hired experts, pros and cons, 170
– – Inadvertently produced documents, clawback agreements, 510
– – Lawyers' responsibilities when hiring services, need for industry code of conduct, 375
– – Wiping program discovery leads to spoilation of evidence adverse ruling, Analysis & Perspective, 433

– Environment

– – Damages, property value diminution due to toxic contamination, 129
– – Diminished role of experts after Burlington Northern & Santa Fe, 350

– Financial fraud and subprime litigation, role of expert in class certification and loss causation, 484
– Lay witnesses, limiting testimony, 217
– Online search for experts, 556

ANTITRUST

– Class actions

– – Baby products, expert used to show common evidence of price fixing injury (E.D. Pa.), 399
– – Cigarettes, economist testimony on parallelism of price leads to reinstatement of class action (N.M. Ct. App.), 239
– – Damages

– – – Calculations on lost sales and price differential excluded (W.D. Okla.), 33
– – – Econometric multiple regression analysis sufficient to establish class (D. Conn.), 166

– – Pineapples, DOJ and FCC Horizontal Merger Guidelines, testimony failing to comply with guides and cherry picking of details rejected (S.D.N.Y.), 522
– – Weight of conflicting proof integral, district court must resolve dispute before certifying (3d Cir.), 37

– Damages

– – Class actions

See Class actions, this heading

– – Estimates, economist testimony relying on untested data from unknown source fails Daubert test (D. Del.), 451

– Discovery, tobacco pricing data, protective order allowing plaintiff's experts access rejected (S.D.N.Y.), 53
– Price fixing

– – Methodology sufficiently reliable to allow consideration by jury (S.D. W. Va.), 213
– – Statistical proof, econometric opinion not barred (N.D. Ga.), 119

APPAREL

– Product safety and liability, flammability of bathrobe, expert evidence not required, suit fails to survive summary judgment (3d Cir.), 13

ARIZONA

– Criminal procedure, IQ assessment requires defendant experts to conduct original testing (Ariz.), 520
– Medical malpractice, expert witness standards statute not violation of separation of powers (Ariz.), 163

ARKANSAS

– House fire, space heater, testimony inadmissible for lack of testing (8th Cir.), 57
– Sound of car running over body, expert identification not required in criminal trial (Ark.), 38

ASBESTOS

– Automobile brakes

– – Experts not required to disprove defendant's hypotheses to carry burden of reliability and relevance (Del. Super. Ct.), 209
– – Lack of epidemiological studies, researchers with 30 years experience link carcinogenic qualities of unrefined and refined chrysotile fibers (Del.), 454

– Indoor air studies may be used by government in environmental crimes trial (D. Mont.), 94
– Joint compound manufacturer, jury allocation of damages in multiproduct exposure case rejected (Cal. Ct. App.), 238
– Paper mill dryer felts, scientific evidence on released particles relevant (N.J. Super. Ct. App. Div.), 430
– Real property contamination class action, conflicting expert opinions required to be resolved pre-certification (Colo. Ct App.), 397
– Seaman's exposure

– – Testimony based on assumption of exposure on particular ship insufficient to uphold verdict (N.D. Ohio), 211
– – Third-party products, state law does not require warning of hazards (Cal. Ct. App.), 127

ATTORNEYS

– Fees, former judge without specialized or technical knowledge testimony rejected as unhelpful (Ky. Ct. App.), 550
– Ineffective assistance of counsel

– – Failure of child molestation defendant's counsel to call interview expert not grounds for reversal of conviction (Ind. App.), 127
– – Failure to call expert on child forensic interviews showing consistency as coaching not error (Ind. App.), 296

– Legal malpractice

– – Affidavit set aside as failing to show competency of attorney's own conduct (Wyo.), 119
– – Selection and use of experts, key issues discussed at conference, 168

– Physician-attorney testifying as necessary witness may not represent party (Tenn. Ct. App.), 227
– Privileged communications

See PRIVILEGED COMMUNICATIONS; WORK PRODUCT

– Qualifications of experts, patent lawyer lacking technical expertise may not testify on invalidity, noninfringement (Fed. Cir.), 30
– Tax fraud, accountant's conviction set aside for failure of counsel to retain tax expert (N.D. Ill.), 373
– Winning strategies for using experts, ABA conference, 243

ATTORNEYS' FEES

– Medical malpractice

– – Post-dismissal order seeking fees may appeal refusal to dismiss expert report (Tex.), 370
– – Refusal to grant after dismissal of action for lack of expert report improper (Tex.), 370

AUTOMOBILES

See MOTOR VEHICLES