Expert Evidence Report Index-Summary

E-DISCOVERY

E-MAIL

ELECTRONIC RECORDS

– Authentication, expert not needed to testify on mechanical accuracy of computer (9th Cir.), 445
– Deleted e-mails, computer expert's affidavit cited in ordering county to make efforts to recover (Ohio), 6
– Discovery sanctions, lender's false claim that computer hard drives were damaged (E.D. Tex.), 24
– E-discovery

See DISCOVERY

– Judicial notice, Wikipedia insufficiently reliable to qualify (N.J. Super. Ct.), 257
– Online newsgroup service's capacity to retain subscriber information, expert's reliance on client information requires exclusion (S.D.N.Y.), 68
– Spoilation, ability to cross-examine expert, neutral jury instruction proper (N.H.), 206

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and Internet sources, see back page of each issue.

EMOTIONAL DISTRESS

– Medical records disclosure, claim rejected for failure to provide expert proof (Iowa), 279
– Misidentification of newborn baby, expert proof required (Tenn. Ct. App.), 69

EMPLOYEE BENEFITS

– Disability

See DISABILITY BENEFITS

EMPLOYMENT DISCRIMINATION

– Age discrimination

See AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA)

– Class actions, statistical disputes between experts required to be resolved pre-certification (Minn. Ct. App.), 264
– Damages, expert required to testify on lost earnings and pension benefits (3d Cir.), 231
– National origin discrimination, statistics failed to show police department more likely to discipline Latino officers than white employees (2d Cir.), 125
– Promotion denial, statistical proof of earnings if promoted allowed, testimony of likelihood of promotion excluded (Cal. Ct. App.), 235
– Race discrimination

See RACE DISCRIMINATION

– Sex discrimination

See SEX DISCRIMINATION

ENVIRONMENT

– Asbestos

– – Government may use indoor air studies in environmental crimes trial (D. Mont.), 94
– – Real property contamination, conflicting expert opinions required to be resolved before class action certification (Colo. Ct App.), 397

– CERCLA, diminished role of experts after Burlington Northern & Santa Fe, Analysis & Perspective, 350
– Class actions

– – Class Action Fairness Act local controversy exception, defendants deemed insignificant (N.D. Ind.), 553
– – Ground water contamination, Daubert analysis not required at certification stage (M.D. Fla.), 526

– Clean Air Act, misconduct of expert, payments for testimony concealed (S.D. Ind.), 23
– Formaldehyde emitting plywood, air quality expert allowed to testify on effects of exposure in confined spaces (M.D. Pa.), 215
– Future costs, estimate too speculative (3d Cir.), 291
– Ground water contamination

– – Class actions, Daubert analysis not required at certification stage (M.D. Fla.), 526
– – Hydrologist's testimony on third-party tests excluded as speculative (4th Cir.), 31

– Mold and respiratory illness

– – Causation, treating physician testimony of humidity in apartment as cause of respiratory ailments sufficient to proceed to trial (N.J. Super. Ct. App. Div.), 525
– – Frye hearing leads to dismissal (N.Y. App. Div.), 34

– PCB contamination, golf course, failure to consider other possible sources renders opinion unreliable (D. Conn.), 368
– Poultry waste contamination, identification of unique signature not peer reviewed, expedited review of exclusion granted (10th Cir.), 31; microbial source tracking to identify DNA biomarker inadmissible as novel and untested (10th Cir.), 285
– Property value

– – Contamination claim, expert citing statistical proof sufficient to deny dismissal (N.D. Cal.), 446
– – Diminution due to toxic contamination, Analysis and Perspective, 129

– Resource Conservation and Recovery Act

– – Gasoline fumes, cleanup order denied for failure to show vapors presented imminent and substantial danger (E.D. Wis.), 417
– – Lead contamination, expert report stating samples exceeding state hazardous threshold insufficient to prove imminent and substantial endangerment (2d Cir.), 416

– Superfund cost recovery, soil sample evidence barred for loss of evidence (D. Conn.), 280
– Toxic chemical releases, mere possibility not proof of accidental release (Cal. Ct. App.), 365
– Waste water

– – Contaminated bilge water discharge, reasoning to best inference analysis inadmissible (3d Cir.), 287
– – Treatment chemicals, patent infringement, withholding results of key tests grounds for sanctions (Fed. Cir.), 181

ERISA

– Denial of benefits, malocclusion correction surgery, testimony that surgery met necessary for adjunctive treatment requirement under state law sufficient to deny summary judgment (D. Or.), 457
– Disability benefits

See DISABILITY BENEFITS

– Embezzlement, tax expert's testimony on plan properly excluded (5th Cir.), 116
– Sex discrimination, expert must testify on lost pension benefits (3d Cir.), 231

ETHICS

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

EVIDENCE

– Computer generated animation, challenge to use rejected (3d Cir.), 554
– Discovery

See DISCOVERY

– Electronic records

See ELECTRONIC RECORDS

EX PARTE COMMUNICATIONS

– Contraceptives, interviews of plaintiff's experts barred (E.D. Mo.), 186
– Fed.R.Civ. P. 26 proposed changes

– – ABA meeting discussion, 400
– – Text, 400

EXPERT LIABILITY

See LIABILITY OF EXPERTS

EXPERT REPORTS

– Cigarettes, menthol dangers, report filed in Israeli class action, 257
– Class actions, engineering report detailing type of motor vehicles experiencing shimmying relevant to numerosity and commonality issues (W.D. Pa.), 418
– Environmental contamination, report stating samples exceeding state hazardous threshold insufficient to prove imminent and substantial endangerment (2d Cir.), 416
– Hospitals

– – Bed defect claim deemed product liability action not requiring report (Tex.), 443
– – Overpayment of claims statistics report based on benchmark amounts paid for uninsured patients insufficient basis for class certification (Ala.), 505

– Laser hair removal, negligence claim does not require report (Tex.. App.), 185
– Medical malpractice

– – Certificate of merit requirement unconstitutional (Wash.), 498
– – Chiropractor not qualified to testify on causation (Tex. App.), 53
– – Emergency medical treatment, state expert report rule does not apply to cases removed to federal court (S.D. Tex.), 11
– – Emergency medicine, substantial training and experience sufficient to qualify (Tex. App.), 385
– – Fair summary in compliance with statute, refusal to dismiss upheld (Tex. App.), 113
– – Knee replacement, radiologist unable to demonstrate knowledge of surgery not qualified (Tex. App.), 453
– – Knee surgery negligence claim, scalpel left in patient, res ipsa loquitur theory sufficient (Wash. Ct. App.), 499
– – Licensed counselor deemed qualified health provider (Tex. App.), 469
– – Negligent discharge, report containing series of repetitious and conclusory statement insufficient (Tex. App.), 418
– – 120-day limitation period starts with filing date of original petition (Tex. App.), 386
– – Order seeking attorneys' fees may appeal refusal of dismissal of report post dismissal (Tex.), 370
– – Post-dismissal order seeking attorneys' fees may appeal refusal of dismissal of report (Tex.), 370
– – Respondeat superior and statutory liability, vicarious liability claims need not provide separate report (Tex.), 206
– – Sanctions for failure to file report survive nonsuit order (Tex.), 281
– – Standard of care

– – – Separate reports required for each defendant (Tex. App.), 207
– – – Tex. statute only requires standard of proof (Tex. App.), 152

– – Surgeon need not perform same procedure to testify as expert (Tex. App.), 228
– – Timeliness of filing

– – – Filing 3 months after deadline excluded (9th Cir.), 187; (U.S., rev sought), 367
– – – Filing within 120 days of amended petition naming new doctor defendants proper (Tex. App.), 370
– – – Mailings, ordinary postal mail received before expiration of period meets requirements (Tex. App.), 470
– – – Mandamus unavailable to defendant to appeal extension for plaintiff to file (Tex.), 65
– – – Service of report prior to filing of claim improper (Tex. App.), 87
– – – Trial court may grant extension for revision of conclusory report on lumbar epidural (Tex.), 7

– – Treating physician need not be qualified as expert (N.C. Ct. App.), 469

– MRI report by nontestifying radiologist relied upon by testifying physicians inadmissible without limiting jury instruction (N.J.), 123
– Nursing home neglect of patients, report required (Tex. App.), 256
– Okla. requires written report, 297
– Product liability

– – Affidavit may be used to cure unsworn report (8th Cir.), 416
– – Press brake safety guard testimony used reliable methodology and was helpful to jury (W.D. Pa.), 62

– Slip and fall claim not action requiring report (Tex. App.), 370
– Timeliness of filing

– – Medical malpractice

See Medical malpractice, this heading

– – Tex., claims against state-owned hospital require timely filing of reports under Medical Liability Act and Tort Claim Act (Tex. App.), 229
– – Untimely incomplete reports properly excluded from trial over murder of Colombian union leaders (11th Cir.), 8
– – Untimely preemptive rebuttal expert report not grounds for expanding scope (S.D. Ind.), 183

– Vena cava filter implant dislodged during MRI, lack of expert report dooms claim (E.D. Ky.), 229

EYEWITNESSES

– Summary judgment, electrical wire ignition of cooking oil, eyewitness testimony trumps expert opinion (N.C. Ct. App.), 398