Expert Evidence Report Index-Summary

QUALIFICATIONS

– Asbestos, EPA on-scene coordinator not qualified to testify on risk assessment, toxicology, or epidemiology (D. Mont), 188
– Dogs and tracking handlers, reliability standards announced (S.C.), 260
– Drunk driving, horizontal gaze nystagmus test, state trooper not qualified as expert (Md.), 286
– Emergency room standard of care, physician unqualified to testify (Tenn. Ct. App.), 289
– Evidence suppression hearings, handwriting experts, Daubert analysis not required (7th Cir.), 211
– Fire marshals not qualified as experts on causation (4th Cir.), 32
– 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

– – Arizona law setting expert witness standards not violation of separation of powers (Ariz.), 163
– – Drugs, physician failed to demonstrate expertise on causation (Tex. App.), 112
– – Emergency medicine, physician with substantial training and experience qualified (Tex. App.), 385
– – Hysterectomy, obstetrician qualified to testify infection caused death (Tenn. Ct. App.), 212
– – Knee replacement, radiologist unable to demonstrate knowledge of surgery not qualified to offer expert report (Tex. App.), 453
– – Licensed counselor deemed qualified health provider under state law (Tex. App.), 469
– – Locality rule, large metropolitan practice physician may testify on standards in small community (Tenn. Ct. App.), 524
– – Mo. expert physician excluded for not demonstrating familiarity with Tenn. (Tenn. Ct. App.), 93
– – Nurse may qualify as expert (Pa.), 335
– – Obstetrics, doctor from Ariz. demonstrating familiarity with N.C. standard of care should not have been excluded (N.C.), 261
– – Pharmacist may testify on standard of care for prescribing controlled substance (8th Cir.), 394
– – Physician knowledge and skills sufficient basis for testimony (Ind. App.), 344
– – Retired physician standard of care testimony properly admitted (Kan.), 305
– – Surgeon need not perform same procedure to testify as expert (Tex. App.), 228

– Mental capacity of criminal defendant, physician improperly excluded (Tenn.), 58
– Mischaracterization as expert, systematic abuse of discovery by expert not grounds for dismissal (8th Cir.), 180
– Motor vehicle accidents, chiropractor unqualified to testify regarding surgeon's diagnoses (Ind. App. Ct.), 54
– Mountain bike races, expert not experienced in organizing, supervising or studying races not qualified to testify on standard of care (10th Cir.), 420
– Objection to expert must be brought within 21 days (Tex. App.), 88
– Patents

– – Infringement, lawyer lacking technical expertise may not testify on invalidity (Fed. Cir.), 30
– – Malpractice, experience with application process insufficient to qualify as expert (E.D. Ky.), 422

– Police

– – Crime scene computer animation, officer not qualified as expert on animated collages (Wis. Ct. App.), 310
– – Identification of controlled substances, officers required to be qualified as experts before testifying (Del.), 179
– – Undercover officer testimony of drug code words properly admitted as lay testimony (1st Cir.), 187

– Product liability, ladder fall, testimony of engineer not testing product and not qualified to testify on design excluded (E.D.N.Y.), 523
– Product liability, printing press defects, engineer who never worked in printing industry unqualified (2d Cir.), 90
– Stairway security, premises security expert qualified to testify on railroad property security (Conn.), 308
– Substitute doctor may testify in obstetrics malpractice case (Tex. App.), 26
– Train ride induced thrombosis, expert relying on Google search and CNN.com to support opinion lacks expertise (9th Cir.), 158

QUALIFICATIONS OF EXPERT

– Bypass surgery, emergency room and attending ICU physician not qualified to testify on formulation of ICU policy and procedure (Tex. App.), 520