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Vol. 9, Nos 1-12, pp. 1-326 Jan. 5 - June 22, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
MAINE
Child sex abuse, palm crease expert properly linked hand in photo of child abuser and criminal defendant's hand (Me.), 85
Asbestos, seaman's exposure
State law does not require warning of hazards in third-party products (Cal. Ct. App.), 127
Testimony based on assumption of exposure on particular ship insufficient to uphold verdict (N.D. Ohio), 211 Tugboat rescue operations, officer claim of inadequate training, expert fails to establish but-for causation (2nd Cir.), 290 Waste water discharge violations, reasoning to best inference analysis inadmissible (3d Cir.), 287
Drug trafficking, anticipatory rehabilitation of expert prejudiced defendant (Md.), 231
Drunk driving, horizontal gaze nystagmus test, state trooper not qualified as expert (Md.), 286 Vaccines, thimerosal-caused autism, epidemiologist's novel proof fails Frye-Reed generally accepted admissibility test (Md.), 307 Videotape made by unidentified technician fails to satisfy authentication rule (Md.), 8
Neurontin, suicide risk, general causation theory supported by FDA study deemed reliable (D. Mass.), 260; testimony use as common proof of causation faulted, 292
Physician letters not in affidavit form not admissible as expert opinions (Mass. App. Ct.), 233
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 Chemical fume inhalation, testimony based on medical history provided by plaintiffs warrants dismissal (La. Ct. App.), 59 Chiropractor not qualified to testify on causation in malpractice case (Tex. App.), 53 Course of treatment, expert testimony may not challenge (Ind. Ct. App.), 160 Dental malpractice, causation proof exceeding scope of deposition proper where opposing party was on notice of possible use (Cal. Ct. App.), 92 Differential diagnoses
New standards announced (6th Cir.), 225
Seroquel, diabetes, failure to rule out other causes dooms testimony (Del. Super. Ct.), 309 Hydrogen sulfide exposure, allergist testimony excluded (7th Cir.), 236 Laser hair removal, expert report not required for negligence claim (Tex.. App.), 185 Mold and respiratory illness, suit dismissed after Frye hearing (N.Y. App. Div.), 34 Neurontin, suicide risk, general causation theory supported by FDA study deemed reliable (D. Mass.), 260 Nursing home negligence, proof based on photos and records not speculative (Mo.), 56 Pesticides, toxic tort suits involving obvious risk of spraying in enclosed room do not require expert testimony (6th Cir.), 165 Pharmaceuticals
Childhood vaccines and autism, no link found in exhaustive review of expert proof (Fed. Cl.), 96
Qualifications of expert, physician failed to demonstrate expertise (Tex. App.), 112 Remicade, link to pulmonary fibrosis, exclusion of proof proper (11th Cir.), 90 Seroquel as cause of diabetes, failure to show causation results in summary judgment for maker (M.D. Fla.), 63
Flawed causation proof leads to dismissal (E.D. Pa.), 61
Standard of care, failure to link to injury results in summary judgment (E.D. Pa.), 161 Timeliness, expert report filed 3 months after deadline excluded (9th Cir.), 187 Train ride induced thrombosis, expert relying on Google search and CNN.com to support opinion lacks expertise (9th Cir.), 158 Treating physician not required to be designated as expert (N.C. Ct. App.), 234 Tylenol, expert disavowing adequacy of label rejected in light of overdose (Pa. Super. Ct.), 242
Hernia patches, discovery of FDA report on inspection of maker's facility and internal reports barred (R.I. Super. Ct.), 282
Hip implants, lack of causation evidence results in summary judgment (5th Cir.), 214 Knee implants, methodological flaws in plaintiff's causation testimony result in summary judgment for maker (C.D. Ill.), 51 Stent implants
Flawed causation proof leads to dismissal (E.D. Pa.), 61
Standard of care, failure to link to injury results in summary judgment (E.D. Pa.), 161
Affidavit sufficiency
See AFFIDAVITS
Biofeedback machine, expert testimony not required to prove use of ineffective device (Wash.), 315 Birth-relate neurological disorders, intrauterine hypoxia-ischemia, pre-birth timing as window injury probably occurred deemed speculative (Mich. Ct. App.), 312 Blood tests, duty of physician to order, trial judge improperly entered judgment notwithstanding verdict when testimony was adequate to support award (Ill. App. Ct.), 99 Cardiac surgery morbidity and mortality evidence barred (E.D. Pa.), 281 Catheterization procedure or stent, expert proof failed to link as cause of plaintiff's injuries under Del. law (E.D. Pa.), 97 Cervical epidural steroid injection as cause of paralysis, res ipsa loquitur may not be relied on (Ala.), 291 Child's missing kidney, expert proof not needed to infer negligence (Cal. Ct. App.), 100 Damages, state compensatory fund may introduce expert testimony on preexisting risk of harm if relevant to establish amount (Ind.), 157 Deadline extensions
Excusable neglect standard not applicable to untimely motions (Wis. Ct. App.), 184
Lumbar epidural procedure, court may grant time for conclusory expert report to be revised (Tex.), 7 Discovery sanctions, change in theory after discovery, testimony excluded (1st Cir.), 306 Emergency medical treatment, state expert report rule does not apply to cases removed to federal court (S.D. Tex.), 11 Expert reports
See EXPERT REPORTS
Jury finding of no breach of standard of care, exclusion of expert causation testimony harmless error (Conn.), 235 Negligence suit does not require expert, layman with experience sufficient (Okla. Ct. App.), 67 Oklahoma requires written report, 297 Qualifications
Chiropractor not qualified to testify on causation (Tex. App.), 53
Physician from Mo. excluded for not demonstrating familiarity with Tenn. (Tenn. Ct. App.), 93 Physician in drug case failed to demonstrate expertise on causation (Tex. App.), 112 Substitute doctor may testify in obstetrics case (Tex. App.), 26 Standard of care
Nurse's unfamiliarity with locality bars testimony over fall from wheelchair (Tenn. Ct. App.), 35
State statute only addresses standard of proof (Tex. App.), 152
Flawed causation proof leads to dismissal (E.D. Pa.), 61
Standard of care, failure to link to injury results in summary judgment (E.D. Pa.), 161
Disclosure
Emotional distress, claim rejected for failure to provide expert proof (Iowa), 279
Mental health records to court-approved expert not waiver of rights (Pa. Super. Ct.), 181
See PHARMACEUTICALS
Emergency Medical Treatment and Active Labor Act, psychiatrist expert testimony on failure to stabilize mental condition before discharge sufficient to set aside summary judgment (6th Cir.), 238
Psychiatrist owes no duty to relatives of individuals killed by patient (Cal. Ct. App.), 240
See also DAUBERT GUIDELINES AND ANALYSIS
Antitrust
Damages, calculations on lost sales and price differential excluded (W.D. Okla.), 33
Price fixing, methodology sufficiently reliable to allow consideration by jury (S.D. W. Va.), 213 Benzene, epidemiological studies cited by expert need not show conclusive causation link (Neb.), 149 Case management, use and limitations of Lone Pine orders, Analysis & Perspective, 101 Causation
See CAUSATION
Hydrologist's testimony on third-party tests showing ground water contamination excluded as speculative (4th Cir.), 31 Medical causation Sex offender with sleep disorder, s self-reported medical history improperly excluded (Tenn.), 56 Statistical proof Testing
See TESTING
Waste water discharge violations, reasoning to best inference analysis inadmissible (3d Cir.), 287 Zyprexa, expert repeatedly stretching the truth disqualified (E.D.N.Y.), 262
Medical malpractice, intrauterine hypoxia-ischemia, pre-birth timing as window injury probably occurred deemed speculative (Mich. Ct. App.), 312
Pesticides, toxic tort suits involving obvious risk of spraying in enclosed room do not require expert testimony (6th Cir.), 165
Statistical proof, disputes between experts required to be resolved before class certification (Minn. Ct. App.), 264
Nursing home patient's death, proof of negligence based on photos and records not speculative (Mo.), 56
Workers' compensation, simple injury understandable to laymen, evidence to show percentage of disability attributable not required (Mo. Ct. App.), 28
Respiratory illness, suit dismissed after Frye hearing (N.Y. App. Div.), 34
Libby asbestos site, EPA on-scene coordinator not qualified to testify on risk assessment, toxicology, or epidemiology (D. Mont), 188
Carbon monoxide poisoning
Dangers of aftermarket muffler installation on minivan not so obvious so as to support summary judgment (11th Cir.), 126
Rental truck passengers, expert proof adequate to defeat summary judgment (M.D. Pa.), 58
Acceleration and braking problems, rejected transient magnetic signal theory not intrinsically intertwined with circumstantial evidence theory for summary judgment purposes (N.Y. App. Div.), 295
Commercial trailers, safer alternative fails to meet risk-utility analysis (Tex.), 313 Untimely disclosure of scientific basis for opinion leads to exclusion (11th Cir.), 156 Expert reports, MRI report by nontestifying radiologist relied upon by testifying physicians inadmissible without limiting jury instruction (N.J.), 123 Qualifications, chiropractor unqualified to testify regarding surgeon's diagnoses in accident case (Ind. App. Ct.), 54 Truck's cargo area, opinion that it is common practice for passengers to ride in lacks foundational facts (N.Y. App. Div.), 9 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |