Expert Evidence Report Index-Summary

NATIONAL ORIGIN DISCRIMINATION

NEBRASKA

– Benzene, epidemiological studies cited by expert need not show conclusive causation link (Neb.), 149
– Failure to warn claims, user knowledge eliminates as proximate cause (D. Neb.), 425

NECESSITY

– Attorneys' fees, former judge's testimony not involving complex or technical issues rejected as unhelpful (Ky. Ct. App.), 550
– Biofeedback machine, expert testimony not required to prove use of ineffective device (Wash.), 315
– 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's missing kidney, expert proof not needed to infer (Cal. Ct. App.), 100
– Computer-generated business records, expert not needed to testify on authenticity (9th Cir.), 445
– Emergency Medical Treatment and Active Labor Act, expert testimony required to support premature release claim (E.D. Ky.), 446
– Expert reports

See EXPERT REPORTS

– Flood damage caused by road work, expert causation testimony not required (N.C.), 190
– Ineffective assistance of counsel, failure of child molestation defendant's counsel to call interview expert not ground for reversal of conviction (Ind. App.), 127
– Judgment notwithstanding verdict, medical malpractice trial judge improperly entered when testimony was adequate to support award (Ill. App. Ct.), 99
– Knee surgery negligence claim, scalpel left in patient, res ipsa loquitur theory sufficient (Wash. Ct. App.), 499
– Legal malpractice, bank claiming out-of-state firm failed to meet standard of care requires expert proof (Ala.), 527
– Summary judgment, expert testimony available before proceeding may not be introduced later to support motion for reconsideration (E.D. Pa.), 319
– Supervision of bodyguard, expert testimony not required when person with supervisory authority present (D.C. Cir.), 190
– Workers' compensation, expert proof required (Tenn.), 505

NEGLIGENCE

– Boating accident, definitive and fact-dependent testimony sufficient to overcome manufacture's expert (8th Cir.), 506
– Carbon monoxide poisoning

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

– Child's missing kidney, expert proof not needed to infer negligence (Cal. Ct. App.), 100
– Flood damage caused by negligent road work, expert causation testimony not required (N.C.), 190
– Laser hair removal, expert report not required (Tex.. App.), 185
– Medical malpractice

See MEDICAL MALPRACTICE

– Nursing homes

– – Neglect of patients, export report required (Tex. App.), 256
– – Patient death, proof based on photos and records not speculative (Mo.), 56

– Stent implant procedure, flawed causation proof leads to dismissal (E.D. Pa.), 61
– Suicide, failure to search patient entering inpatient psychiatric facility not malpractice requiring expert proof (Wis. Ct. App.), 283
– Supervision of bodyguard, expert testimony not required when person with supervisory authority present (D.C. Cir.), 190

NEW HAMPSHIRE

– Criminal proceedings, competency hearing, impartial examination of experts' assessments satisfies fair hearing requirement (N.H.), 256
– Electronic records, spoilation, ability to cross-examine expert results in neutral jury instruction (N.H.), 206

NEW JERSEY

– Asbestos, paper mill dryer felts, scientific evidence on released particles relevant (N.J. Super. Ct. App. Div.), 430
– Criminal law and procedure

– – Behavioral assessment, crime scene analyst observation too obvious to be expert testimony (N.J. Super. Ct. App.), 232
– – Constructive possession of drugs, testimony improperly invaded jury's province, conviction reversed (N.J.), 98
– – Polygraph evidence based on uncounseled stipulation not admissible (N.J.), 155

– Expert reports, MRI report by nontestifying radiologist relied upon by testifying physicians inadmissible without limiting jury instruction (N.J.), 123
– Health insurance reimbursement practices, settlement agreement remanded for fairness hearing (N.J. Super. Ct. App. Div.), 214
– Judicial notice, Wikipedia insufficiently reliable to qualify (N.J. Super. Ct.), 257
– Medical malpractice, res ipsa loquitur jury instruction, testimony on common knowledge rejected for lack of foundation (N.J), 383
– 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
– Pharmaceuticals, Accutane, exclusion of statistical proof of adverse reactions erroneous (N.J. Super. Ct. App. Div.), 158

NEW MEXICO

– Antitrust, cigarettes, economist testimony on parallelism of price leads to reinstatement of class action (N.M. Ct. App.), 239

NEW YORK

– Design defects, power wheelchairs, defense testimony lacking evidence of manufacturing process, inspection or testing insufficient for summary judgment (N.D.N.Y.), 498
– Mold and respiratory illness, suit dismissed after Frye hearing (N.Y. App. Div.), 34
– Motor vehicle accidents

– – Circumstantial evidence theory not intertwined with excluded electromagnetic signal theory (N.Y. App. Div.), 295
– – Passengers riding in truck cargo area, opinion that it is common practice lacks “foundational facts” (N.Y. App. Div.), 9

– New York City taxicab hybrid incentive lease cap rules preempted by Energy Policy and Conservation Act (S.D.N.Y.), 332
– ReMu contact lens solution caused corneal infection, extrapolation theory unreliable (N.Y. Sup. Ct.), 391
– Securities, Bear Stearns investors' fiduciary duty suit based on speculative opinions fails under business judgment rule (N.Y. Sup. Ct.), 39

NORTH CAROLINA

– Criminal proceedings

– – Controlled substances

– – – Forensic lab analysts, expert not personally analyzing substances not allowed to testify (N.C. Ct. App.), 549
– – – Visual identification insufficiently reliable to be admitted (N.C. Ct. App.), 426

– – Rape, victim credibility, expert opinion rejected for absence of physical proof (N.C. Ct. App.), 474

– Discovery, medical malpractice, peer review committee documents privileged (N.C. Ct. App.), 364
– Eminent domain, replacement value, appraisers not limited to particular method (N.C. Ct. App.), 294
– Medical malpractice, treating physician need not be qualified as expert (N.C. Ct. App.), 469
– Negligent road work, flood damage suit not required to provide expert causation testimony (N.C.), 190
– Physician qualifications

– – Obstetricians, out of state doctor demonstrating familiarity with state standards of care should not have been excluded (N.C.), 261
– – Treating physician need not be designated as expert (N.C. Ct. App.), 234

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