Expert Evidence Report Index-Summary

FALSE ADVERTISING

– Children's building block manufacturer fails on claim that competitor's promotion of its own blocks was false (W.D. Wash.), 10

FARMING

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

FEDERAL PREEMPTION

See PREEMPTION

FEES

– Accounting fees of forensic experts, recovery through criminal restitution, Analysis and Perspective, 194
– Attorneys' fees, former judge without specialized or technical knowledge testimony rejected as unhelpful (Ky. Ct. App.), 550
– 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
– Court-appointed experts, lead-paint abatement, state liable for defendants' costs (R.I. Super. Ct.), 66
– Depositions, plaintiffs must defray defendant's expenses of deposing plaintiff's expert in Australia (S.D.N.Y.), 151
– Excessive expert review costs, “quick peek” suggested as solution, Analysis & Perspective, 322
– Misconduct, payments for testimony concealed (S.D. Ind.), 23
– Supreme Court original jurisdiction cases, $40 per day witness attendance fee applies (U.S., aff.), 163
– Withholding psychologist fee to give effect to earlier sanction in unrelated case improper (Mass.), 526

FIREARMS AND WEAPONS

– Certification of operability inadmissible without right to confront certificate maker (Mass. App. Ct.), 549
– Medical proof that taser caused injury did not meet standards (11th Cir.), 5
– Rifle explosion, gunsmith's testimony properly accepted as reliable (M.D. Fla.), 93

FIRES

– ADEA, firefighter physical fitness test failure fails to raise triable issue (D. Ore.), 318
– Causation

– – Fire marshals not qualified as experts (4th Cir.), 32
– – House fires, space heater as cause, testimony inadmissible for lack of testing (8th Cir.), 57
– – Plumber's negligent pipe thawing, firefighter's opinion on probability grounded in facts improperly excluded (Mass. App. Ct.), 369

– Product liability

– – Bathrobe, expert evidence not required, suit fails to survive summary judgment (3d Cir.), 13
– – Portable fan, $13.5M award attributed to experts (Pa. Ct. C. P.), 553

FLORIDA

– Discovery sanctions, disclosure by automaker of internal litigation management database to plaintiff improper sanction in product liability case (Fla. Dist. Ct.), 25

FOOD

– Antitrust, pineapple market, DOJ and FCC Horizontal Merger Guidelines, testimony failing to comply with guides and cherry picking of details rejected (S.D.N.Y.), 210
– Misbranded, improper admission of expert testimony deemed denial of due process (7th Cir.), 210
– Poultry waste contamination, identification of unique signature not peer reviewed, expedited review of exclusion granted (10th Cir.), 31

FORENSIC ANALYSIS

– Blood alcohol level tests, expert proof lacking chain of custody testimony not admissible (S.C.), 501
– Controlled substances, expert not personally analyzing substances not allowed to testify (N.C. Ct. App.), 549
– Criminal defendant has right to cross-examination (U.S., rev), 345
– DNA testing

See DNA TESTING

– E-discovery

See DISCOVERY

– Evidence admission without analyst testimony unconstitutional (D.C.), 395
– Fingerprint identification meets Daubert reliability test (10h Cir.), 427
– Firearms, certification of operability inadmissible absent right to confront maker (Mass. App. Ct.), 549
– Kan. law requiring justification to examine report author unconstitutional (Kan.), 551
– Signature falsification, jury instruction on culpability drawn from fabrication of evidence induces settlement (N.D. Cal.), 545

FRAUD

– Securities fraud

See SECURITIES FRAUD

FREEDOM OF INFORMATION

– Airline passenger records, expert's affidavit faulty, EU Parliament member's suit against DHS dismissed (D.D.C.), 34

FRYE HEARINGS

– Hormone therapy caused breast cancer, failure to determine causation on individual and lack of generally accepted differential diagnosis fails test (Minn. Ct. App.), 390
– Mold and respiratory illness, suit dismissed after Frye hearing (N.Y. App. Div.), 34
– ReMu contact lens solution caused corneal infection, extrapolation theory unreliable (N.Y. Sup. Ct.), 391
– Vaccines, thimerosal-caused autism, epidemiologist's novel proof fails Frye-Reed generally accepted admissibility test (Md.), 307