Expert Evidence Report Index-Summary

RACE DISCRIMINATION

– Discovery, untimely preemptive rebuttal expert report not grounds for expanding scope (S.D. Ind.), 183
– Statistical proof

– – Disparate impact analysis failing to consider individual characteristics rejected (8th Cir.), 286
– – Emergency dispatch/response times in Latino neighborhoods, rejection of neighborhood differences improper (9th Cir.), 552
– – Promotion denial, school district pairing of white and black principals under affirmative action plan sufficient (8th Cir.), 481

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Medicare outlier reimbursements, expert opinion based on unknown amount of unlawful overcharges inadmissible as overly broad (11th Cir.), 472

RADIATION EXPOSURE

– Mining and milling operations, experts fail to prove “but-for” causation (10th Cir.), 455

RAILROADS

– Federal Employees Liability Act, operation of train in defective manner alleged to cause herniated cervical disk, summary judgment denied (M.D. Tenn.), 66
– OSHA standards, expert proof not preempted by Railway Safety Act (Pa. Super. Ct.), 423
– Stairways, premises security expert qualified to testify on railroad property security (Conn.), 308
– Train ride induced thrombosis, expert relying on Google search and CNN.com to support opinion lacks expertise (9th Cir.), 158

REAL ESTATE

– Asbestos contamination, conflicting expert opinions required to be resolved before class action certification (Colo. Ct App.), 397
– PCB contamination, failure to consider other possible sources renders opinion unreliable (D. Conn.), 368
– Property value

– – Condemned property easement, income method of appraisal improperly excluded (Tex.), 366
– – Diminution due to toxic contamination, Analysis and Perspective, 129
– – Eminent domain, replacement value, appraisers not limited to particular method (N.C. Ct. App.), 294

RELIABILITY

– Antitrust damages, calculations on lost sales and price differential excluded (W.D. Okla.), 33
– Daubert guidelines

See DAUBERT GUIDELINES AND ANALYSIS

– Differential diagnosis standards

See MEDICAL CAUSATION

– Dogs and tracking handlers, standards announced (S.C.), 260
– General acceptance, palm crease expert properly linked hand in photo of child abuser and criminal defendant's hand (Me.), 85
– Rifle explosion, gunsmith's testimony properly accepted as reliable (M.D. Fla.), 93

REMOVAL JURISDICTION

– Airline crash suit allowed to move to China on basis of improved legal system (Cal. Ct. App.), 113
– Medical malpractice, state expert report rule does not apply to cases removed to federal court (S.D. Tex.), 11

REVOLVING DOORS

– Daubert hearing not required before rejecting testimony of engineer failing to conduct independent tests and lacking knowledge of condition at time of accident (Del.), 308

RHODE ISLAND

– Child custody, cultural neutrality reasons for placement of Native American child fails to negate expert witness requirement (R.I.), 396
– Court-appointed experts, lead-paint abatement, state liable for defendants' costs (R.I. Super. Ct.), 66

RIGHT TO COUNSEL

See ATTORNEYS