Expert Evidence Report Index-Summary

CALIFORNIA

– Airline crash suit allowed to move to China on basis of improved legal system (Cal. Ct. App.), 113
– Asbestos

– – Joint compound manufacturer, jury allocation of damages in multiproduct exposure case rejected (Cal. Ct. App.), 238
– – Seaman's exposure, warning of hazards in third-party products not required (Cal. Ct. App.), 127

– Dental malpractice, causation proof exceeding scope of deposition proper where opposing party on notice of possible use (Cal. Ct. App.), 92
– Employment discrimination, proof of earnings if promoted allowed, testimony of likelihood of promotion excluded (Cal. Ct. App.), 235
– Identity theft, ZIP codes from credit card payments, plaintiff making assertions over ease of theft never sought to be qualified (Cal. Ct. App.), 41
– Medical malpractice, jury instructions on requirement of expert testimony for negligence finding proper (Cal. Ct. App.), 395
– Psychiatrist owes no duty to relatives of individuals killed by patient (Cal. Ct. App.), 240
– Signature falsification, jury instruction on culpability drawn from fabrication of evidence induces settlement (N.D. Cal.), 545
– Work product, “root cause analysis” of injury protected (E.D. Tex.), 153

CARS

See MOTOR VEHICLES

CAUSATION

– Accutane

– – MDL, hypotheses testimony on relationship to inflammatory bowel disease rejected (M.D. Fla.), 424
– – Warning would not have prevented prescription (Fla. Dist. Ct. App.), 552

– Asbestos

See ASBESTOS

– Beryllium exposure suits, lack of admissible evidence leads to dismissal (5th Cir.), 55
– Carbon monoxide poisoning

– – Dangers of aftermarket muffler installation on minivan not so obvious as to support summary judgment (11th Cir.), 126
– – Rental truck passengers, expert proof adequate to defeat summary judgment (M.D. Pa.), 58

– Drycleaning, perchloroethylene exposure, testimony based on inadequate scientific data barred (7th Cir.), 336
– Financial fraud and subprime litigation, role of expert in class certification and loss causation, Analysis & Perspective, 484
– Fires

See FIRES

– Flood damage caused by negligent road work, expert testimony not required (N.C.), 190
– Hip implants, lack of evidence results in summary judgment (5th Cir.), 214
– Hormone replacement therapy, breast cancer, failure to determine causation on individual and lack of generally accepted differential diagnosis fails Frye test (Minn. Ct. App.), 390
– Hydrogen sulfide exposure induced brain injury, expert fails to link level of exposure to injury (D. Neb.), 425
– Knee implants, methodological flaws in plaintiff's testimony result in summary judgment for maker (C.D. Ill.), 51
– Medical causation

See MEDICAL CAUSATION

– Mining radiation injuries, experts fail to prove “but-for” causation (10th Cir.), 455
– Misidentification of newborn baby, emotional distress claim requires expert proof (Tenn. Ct. App.), 69
– Mold exposure, treating physician testimony of humidity in apartment as cause of respiratory ailments sufficient to proceed to trial (N.J. Super. Ct. App. Div.), 525
– Motor vehicle accidents

See MOTOR VEHICLES

– Product liability litigation, anecdotal expert proof in, Analysis & Perspective, 70
– Rust inhibitors and diesel exhaust, bladder cancer, expert opinion on cause of sailor's injuries unreliable (5th Cir.), 259
– Securities

– – Failure to distinguish between fraud and non-fraud causes of loss, exclusion of testimony affirmed (10th Cir.), 117
– – Stock price drop, expert use of single event study insufficient to link revelation of questionable circulation practices to drop (5th Cir.), 415

– Tugboat slip injury, inadequate training claim, expert fails to establish but-for causation (2nd Cir.), 290
– Viagra, nonarteritic anterior ischemic optic neuropathy, discrepancies in key study lead to exclusion of testimony (D. Minn.), 450
– Workers' compensation, expert proof required (Tenn.), 505

CHEMICALS

– Benzene

– – Epidemiological studies cited by expert need not show conclusive causation link (Neb.), 149
– – Expert proof failed to establish exposure contributed to worker's leukemia (Tex. App.), 100
– – Negligent closure of landfill, expert proof fails to show exposure caused leukemia (Tex.), 253

– Beryllium exposure suits, lack of admissible evidence leads to dismissal (5th Cir.), 55
– Contact lens solution, manufacturer's “root cause analysis” protected by work product rule (E.D. Tex.), 153
– Contamination of property

See ENVIRONMENT

– Drugs

See PHARMACEUTICALS

– Drycleaning, perchloroethylene exposure, expert testimony based on inadequate scientific data barred (7th Cir.), 336
– Formaldehyde emitting plywood, air quality expert may testify on effects of exposure in confined spaces (M.D. Pa.), 215
– Fume inhalation, testimony based on medical history provided by plaintiffs warrants dismissal (La. Ct. App.), 59
– Hexavalent chromium, blanket refusal of request to admit scientific evidence insufficient response (M.D. Ga.), 363
– Hydrogen sulfide exposure, allergist testimony excluded (7th Cir.), 236
– Organic chlorinated solvent exposure, brain dysfunction testimony based on inconsistent methodology deemed unreliable (W. Va. Ct.), 336
– Patent infringement, wastewater treatment products, withholding results of key tests grounds for sanctions (Fed. Cir.), 181
– Pesticides, toxic tort suits involving obvious risk of spraying in enclosed room do not require expert testimony (6th Cir.), 165
– Propenyl chloride, smell loss, differential diagnoses standard deemed reliable, new standards announced (6th Cir.), 225
– Rust inhibitors and diesel exhaust, bladder cancer, expert opinion on cause of sailor's injuries unreliable (5th Cir.), 259
– Tricholorethylene, kidney cancer, medical group asked to recommend experts (Tenn. Cir. Ct.), 529

CHILDREN

– Baby products, expert used to show common evidence of price fixing injury (E.D. Pa.), 399
– Birth-relate injuries

See BIRTH DEFECTS

– Child abuse, suppressed memory evidence, expert not required at summary judgment stage (Ind. App.), 306
– Child custody, cultural neutrality reasons for placement of Native American child fails to negate expert witness requirement (R.I.), 396
– Child molestation

– – Ineffective assistance of counsel

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

– – Murder verdict, testimony on child molestation too speculative to support (Ind.), 338

– Missing kidney, expert proof not needed to infer negligence (Cal. Ct. App.), 100
– Toys and games, building block manufacturer fails on claim that competitor's promotion of its own blocks was false (W.D. Wash.), 10

CHINA

– Airline crash suit allowed to move on basis of improved legal system (Cal. Ct. App.), 113

CIGARETTES

See TOBACCO INDUSTRY

CLASS ACTIONS

– ABA Natl. Inst. on Class Actions conference scheduled, 457
– Accutane MDL, testimony relying on hypotheses on relationship to inflammatory bowel disease rejected (M.D. Fla.), 424
– Antitrust

– – Damages, econometric multiple regression analysis sufficient for certification purposes (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 certification (3d Cir.), 37

– Asbestos contamination, conflicting expert opinions required to be resolved pre-certification (Colo. Ct App.), 397
– Baby products, expert used to show common evidence of price fixing injury (E.D. Pa.), 399
– Certification, motor vehicle defects, expert report detailing type of vehicles experiencing shimmying relevant to numerosity and commonality issues (W.D. Pa.), 418
– Contact lens solution caused eye infection, ophthalmologist's theory not published or peer reviewed unreliable under Daubert (D.S.C.), 449
– Employment discrimination, statistical disputes between experts required to be resolved pre-certification (Minn. Ct. App.), 264
– Expert report based on benchmark amounts paid for uninsured health patients insufficient basis for certification of overpayment claims (Ala.), 505
– Financial fraud and subprime litigation, role of expert in certification, Analysis & Perspective, 484
– Fosamax, controlled epidemiological studies, lack of not fatal to expert opinion (S.D.N.Y.), 388; one expert excluded, case to proceed, 473
– Groundwater contamination, Daubert analysis not required at certification stage (M.D. Fla.), 526
– Health insurance

– – Expert report based on benchmark amounts paid for uninsured health patients insufficient basis for certification (Ala.), 505
– – Reimbursement practices, settlement agreement remanded for fairness hearing (N.J. Super. Ct. App. Div.), 214

– Neurontin

– – Off-label marketing, decertification based on nonexpert testimony challenged (Pa. Super. Ct.), 333
– – Suicide risk, general causation theory supported by FDA biological plausibility study (D. Mass.), 260; testimony use as common proof of causation faulted, 292

– Race discrimination, untimely preemptive rebuttal expert report not grounds for expanding scope of discovery (S.D. Ind.), 183
– Securities fraud

– – Bear Stearns investors' fiduciary duty, business judgment rule bars speculative opinions (N.Y. Sup. Ct.), 39
– – Failure to conduct economic evaluation of settlement (U.S., rev den), 242

– Stock price drop, expert use of single event study insufficient to link revelation of questionable circulation practices to drop (5th Cir.), 415
– Teflon exposure, population assumptions unacceptable, class certification rejected (D.N.J.), 35
– Tobacco industry

– – Antitrust, economist testimony on parallelism of price leads to reinstatement of action (N.M. Ct. App.), 239
– – Menthol cigarette dangers, export report filed in Israeli class action, 257

– Viagra, nonarteritic anterior ischemic optic neuropathy, discrepancies in key study lead to exclusion of testimony (D. Minn.), 450
– Wage policies, reliance on averages fails to prove common impact, certification denied (N.D. Ill.), 503

CLOTHING

See APPAREL

COLORADO

– Asbestos contamination, conflicting expert opinions required to be resolved before class action certification (Colo. Ct App.), 397
– Mining radiation injuries, experts fail to prove “but-for” causation (10th Cir.), 455

COMPETENCY

– Court-appointed expert testimony more credible than defendant's experts (S.D. Fla.), 151
– Impartial examination of experts' assessments satisfies fair hearing requirement (N.H.), 256
– Mental capacity of criminal defendant, physician testimony improperly excluded (Tenn.), 58

COMPUTERS

– Computer animation of crime scene, police officer not qualified as expert on animated collages (Wis. Ct. App.), 310
– Computer Fraud and Abuse Act, cost of expert's pre-litigation search for evidence on computer of former employee not qualified loss (N.D. Ill.), 192
– Computer generated animation, challenge to use rejected (3d Cir.), 554
– Disk-wiping software, expert testimony on presence sufficient for adverse jury instruction (D. Colo.), 182
– E-discovery

See DISCOVERY

– Electronic records

See ELECTRONIC RECORDS

– Finding experts online, Analysis & Perspective, 554
– Nanotechnology, user development of Daubert strategy and liability defenses, Analysis & Perspective, 15
– Online newsgroup service's capacity to retain subscriber information, expert's reliance on client information requires exclusion (S.D.N.Y.), 68
– Pattern on hard drive may be defect rather than intentional wiping attempt, plaintiff expert's access denied (N.D. Ill.), 88
– Software patents infringement, lump-sum vs. royalty payment damages calculations, expert testimony citing other license agreements without establishing frequency of use fails to support award (Fed. Cir.), 477
– Transcript accuracy, showing of inaccuracy required to compel hard drive inspection by expert (Ohio), 255

CONFERENCES AND MEETINGS

– ABA annual meeting, 400
– ABA Legal Malpractice Conf., 243
– ABA, Natl. Inst. on Class Actions, 457
– Legal Malpractice and Risk Mgmt. Conf., 168
– University of Akron, 531

CONFIDENTIALITY

– Mental health records, disclosure to court-approved expert not waiver of rights (Pa. Super. Ct.), 181
– Privileged communications

See PRIVILEGED COMMUNICATIONS

– Work product

See WORK PRODUCT

CONFLICTING OPINIONS

– Bankruptcy, valuation of redwood timber, assigning middle range value not abuse of discretion (5th Cir.), 529
– Boating accident, definitive and fact-dependent testimony sufficient to overcome manufacture's expert (8th Cir.), 506
– Disability benefits, arbitrary and capricious standard of review applies (7th Cir.), 429

CONFLICTS OF INTEREST

– Bias

See BIAS

– Medical malpractice, physician-attorney testifying as necessary witness may not represent party (Tenn. Ct. App.), 227

CONFUSION

– Embezzlement, tax expert's testimony on ERISA plan properly excluded (5th Cir.), 116
– Patent infringement, meaning of claim term “tip,” testimony need not be excluded (Fed. Cir.), 10

CONNECTICUT

– Medical malpractice, jury finding of no breach of standard of care, exclusion of expert causation testimony harmless error (Conn.), 235
– Premises security expert qualified to testify on railroad stairway security (Conn.), 308

COSTS

See FEES

COUNSEL

See ATTORNEYS

COURT-APPOINTED EXPERTS

– Competency hearing, testimony more credible than defendant's experts (S.D. Fla.), 151
– Lead-paint abatement experts, state liable for defendants' costs (R.I. Super. Ct.), 66
– Medical records confidentiality, disclosure of mental health records to expert not waiver of rights (Pa. Super. Ct.), 181
– Patent litigation, appointment justified in usually complex cases (Fed. Cir.), 164

CRIMINAL LAW AND PROCEDURE

– Accounting fees of forensic experts, recovery through criminal restitution, Analysis and Perspective, 194
– Asbestos, EPA on-site coordinator not qualified to testify on risk assessment, toxicology, or epidemiology (D. Mont), 188
– Bribery, congressman seeks additional time to name expert (E.D. Va.), 283
– Competency hearing, impartial examination of experts' assessments satisfies fair hearing requirement (N.H.), 256
– Computer animation, police officer not qualified as expert on animated collages (Wis. Ct. App.), 310
– Constructive possession of drugs, testimony improperly invaded jury's province, conviction reversed (N.J.), 98
– Dermatologists, expert testimony linking disfigurement to Medicare fraud, conviction upheld (11th Cir.), 295
– DNA testing

See DNA TESTING

– Drug trafficking

See also FORENSIC ANALYSIS
– – Anticipatory rehabilitation of expert prejudiced defendant (Md.), 231

– Due process, improper admission of expert testimony deemed denial (7th Cir.), 210
– E-discovery, key issues involved in electronically stored information, Analysis & Perspective, 268
– Embezzlement, tax expert's testimony on ERISA plan properly excluded (5th Cir.), 116
– Foot prints, barefoot insole impression not sufficiently reliable (S.C.), 467
– Forensic analysis

See FORENSIC ANALYSIS

– Forensic document witness, Daubert hearing not required where judge aware of qualifications (9th Cir.), 528
– Hearsay evidence, reliance on defense psychologist testimony as basis for transferring case from adult to juvenile court erroneous (Wis. Ct. App.), 159
– Homicide, 80 percent certainty as to cause of death sufficient to admit (Wis. Ct. App.), 288
– “Incentivized witnesses” and wrongful convictions, testimony properly excluded from post-conviction hearing as “unscientific” (Ind. Ct. App.), 98
– Ineffective assistance of counsel

See ATTORNEYS

– Insider trading, exclusion of criminal defendant's valuation testimony not improper (10th Cir.), 115
– IQ assessment requires defendant experts to conduct original testing (Ariz.), 520
– Killing of pregnant woman's embryo, medical proof of early pregnancy not possible from mere observation, conviction rejected (Tex. Crim. App.), 39
– Mental capacity of defendant, physician testimony improperly excluded (Tenn.), 58
– Murder, testimony on child molestation too speculative (Ind.), 338
– Polygraph evidence based on uncounseled stipulation not admissible (N.J.), 155
– Rape, victim credibility, expert opinion rejected for absence of physical proof (N.C. Ct. App.), 474
– Sanctions, defense expert testimony rejected for failure to provide conclusions in advance (Wis. Ct. App.), 421
– Security camera recording of shooting, videotape made by unidentified technician fails to satisfy authentication rule (Md.), 8
– Sex offenses

See SEX OFFENSES

– Sound of car running over body, expert identification not required (Ark.), 38
– Tax fraud, accountant's conviction set aside for failure to retain tax expert (N.D. Ill.), 373
– Transcript accuracy, showing of inaccuracy required to compel hard drive inspection by expert (Ohio), 255
– Visual identification of controlled substance insufficiently reliable to be admitted (N.C. Ct. App.), 426