Expert Evidence Report Index-Summary

SANCTIONS

– Age discrimination, admission for failure to timely object to inadmissible state investigative study impermissible sanction (Mont.), 471
– Criminal defense expert testimony rejected for failure to provide conclusions in advance (Wis. Ct. App.), 421
– Discovery abuses

– – Internal litigation management database, disclosure by automaker to plaintiff improper in product liability case (Fla. Dist. Ct.), 25
– – Medical malpractice, change in theory after discovery, testimony excluded (1st Cir.), 306
– – Mischaracterization as expert, systematic abuse by expert not grounds for dismissal (8th Cir.), 180
– – Patent infringement, wastewater treatment chemicals, withholding results of key tests grounds for sanctions (Fed. Cir.), 181

– Disk-wiping software

– – Discovery leads to spoilation of evidence adverse ruling, Analysis & Perspective, 433
– – Expert testimony on presence sufficient for adverse jury instruction (D. Colo.), 182

– Electronic discovery, lender's false claim computer hard drives were damaged (E.D. Tex.), 24
– Fee withholding from psychologist to give effect to earlier sanction in unrelated case improper (Mass.), 526
– Medical malpractice, sanctions for failure to file report survive nonsuit order (Tex.), 281
– Superfund cost recovery, soil sample evidence barred for loss of samples and test data (D. Conn.), 280

SCIENTIFIC EVIDENCE

– Daubert standards

See DAUBERT GUIDELINES AND ANALYSIS

– Medical evidence

See MEDICAL CAUSATION

SECURITIES

– Fiduciary duty breach, Bear Stearns investors' suit based on speculative opinions barred under business judgment rule (N.Y. Sup. Ct.), 39
– Fraud

See SECURITIES FRAUD

– Loss causation

– – Failure to distinguish between fraud and non-fraud causes, exclusion of testimony affirmed (10th Cir.), 117
– – Financial fraud and subprime litigation, role of expert, Analysis & Perspective, 484

– Valuation evidence

– – Certificate of designation setting dissenting shareholder amounts makes expert proof irrelevant (Del. Ch.), 242
– – Fair value accounting by forensic experts, Analysis & Perspective, 298
– – Insider trading, exclusion of criminal defendant's valuation testimony proper (10th Cir.), 115
– – Settlements, failure to conduct economic evaluation (U.S., rev den), 242

SECURITIES FRAUD

– Class actions

– – Bear Stearns investors' fiduciary duty, business judgment rule bars speculative opinions (N.Y. Sup. Ct.), 39
– – Failure to conduct economic evaluation of settlement (U.S., rev den), 242

– Ethics training testimony admissible to show knowledge and intent (8th Cir.), 501
– Failure to distinguish between fraud and non-fraud causes of loss, exclusion of testimony affirmed (10th Cir.), 117
– Loss causation, role of expert, Analysis & Perspective, 484

SETTLEMENTS

– ADA, hearing discrimination, experts panel to develop new standards for hard-of-hearing UPS drivers (N.D. Cal.), 316
– Securities fraud class action, failure to conduct economic evaluation (U.S., rev den), 242

SEX DISCRIMINATION

– Damages, expert must testify on lost earnings and pension benefits (3d Cir.), 231
– Stereotypes, sociologist testimony properly excluded (1st Cir.), 210

SEX OFFENSES

– Child molestation

See CHILDREN

– Child sex abuse, palm crease expert properly linked hand in photo of child abuser and criminal defendant's hand (Me.), 85
– Sleep disorder, offender's self-reported medical history improperly excluded (Tenn.), 56

SHIPS AND SHIPPING

See MARITIME INDUSTRY

SLIP AND FALL INJURIES

– Expert report not required (Tex. App.), 370
– Safety mat placement, failure to articulate industry standard grounds for exclusion (10th Cir.), 367

SOFTWARE

See COMPUTERS

SOUTH CAROLINA

– Blood alcohol level tests, expert proof lacking chain of custody testimony not admissible (S.C.), 501
– Contact lens solution caused eye infection, ophthalmologist's theory not published or peer reviewed unreliable under Daubert (D.S.C.), 449
– Criminal proceedings, barefoot insole impression not sufficiently reliable (S.C.), 467
– Dogs and tracking handlers, qualification set (S.C.), 260

SPOILATION

– Electronic records

– – Ability to cross-examine expert, neutral jury instruction proper (N.H.), 206
– – Disc-wiping program discovery leads to adverse ruling, Analysis & Perspective, 433

STANDARDS OF REVIEW

– Patent interference procedures, de novo review of new evidence required, deferential standard rejected (Fed. Cir.), 314

STATE AND LOCAL GOVERNMENT

– Deleted e-mails, computer expert's affidavit cited in ordering county to try to recover (Ohio), 6
– Firefighters

See FIRES

– Police

See POLICE

STATISTICAL PROOF

– Accutane, exclusion of proof of adverse reactions erroneous (N.J. Super. Ct. App. Div.), 158
– Antitrust

– – Damages, econometric multiple regression analysis sufficient to prove (D. Conn.), 166
– – Price fixing, econometric opinion not barred (N.D. Ga.), 119

– Class actions, expert report based on benchmark amounts paid for uninsured health patients insufficient basis for certification (Ala.), 505
– Disability plan administrator improperly relied on expert's valuation of plan participant's stock options (E.D. Cal.), 12
– Employment discrimination

– – ADEA, Navy employee fails to show new training program amounted to discrimination (11th Cir.), 38
– – Disputes between experts required must resolved before class certification (Minn. Ct. App.), 264
– – Latino police officers, statistics failed to show department more likely to discipline than white employees (2d Cir.), 125
– – Proof of earnings if promoted allowed, testimony of likelihood of promotion excluded (Cal. Ct. App.), 235

– Environmental contamination claim, valuation expert citing statistical proof sufficient to deny dismissal (N.D. Cal.), 446
– Executive compensation, formula for determining bonuses inconsistently applied by trial judge (7th Cir.), 126
– Health insurance reimbursement practices, settlement agreement remanded for fairness hearing (N.J. Super. Ct. App. Div.), 214
– Neurontin, suicide risk, general causation theory supported by FDA biological plausibility study (D. Mass.), 260; testimony use as common proof of causation faulted, 292
– Race discrimination

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

– Workers' compensation, simple injury understandable to laymen, evidence to show percentage of disability attributable not required (Mo. Ct. App.), 28

STATUTES OF LIMITATIONS

See generally TIMELINESS

SUFFICIENCY

– Boating accident, definitive and fact-dependent testimony sufficient to overcome manufacture's expert (8th Cir.), 506
– False claims, speculative evidence barred, other attacks go to weight, not admissibility (S.D.N.Y.), 60
– Hearing loss, one-day test of noise level not sufficient to overturn award (Tenn.), 482
– Legal malpractice, affidavit set aside as failing to show competency of attorney's own conduct (Wyo.), 119
– Medical malpractice

– – Blood tests, duty of physician to order, trial judge improperly entered judgment notwithstanding verdict (Ill. App. Ct.), 99
– – Negligence suit does not require expert, layman with experience sufficient (Okla. Ct. App.), 67
– – Stent implant procedure

– – – 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

– Railroads, Federal Employees Liability Act, operation of train in defective manner alleged to cause herniated cervical disk, summary judgment denied (M.D. Tenn.), 66

SUMMARY JUDGMENTS

– Carbon monoxide poisoning

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

– Child abuse, suppressed memory evidence, expert not required at summary judgment stage (Ind. App.), 306
– Design defects, power wheelchairs, defense testimony lacking evidence of manufacturing process, inspection or testing insufficient for summary judgment (N.D.N.Y.), 498
– Electrical wire ignition of cooking oil, eyewitness testimony trumps expert opinion (N.C. Ct. App.), 398
– Environmental contamination, valuation expert citing statistical proof sufficient to deny dismissal (N.D. Cal.), 446
– False advertising, building block manufacturer fails on claim that competitor's promotion of its own blocks was false (W.D. Wash.), 10
– Medical causation

– – Knee implants, methodological flaws in plaintiff's causation testimony result in summary judgment for maker (C.D. Ill.), 51
– – Seroquel as cause of diabetes, failure to show causation results in summary judgment for maker (M.D. Fla.), 63

– Patent infringement, Ultracet, obviousness, expert testimony raises material facts (Fed. Cir.), 480
– Product safety and liability

– – Flammability of bathrobe, expert evidence not required, but suit fails to survive summary judgment (3d Cir.), 13
– – Inaccurate medicine dosing cup, expert testimony of 20 to 30 percent inaccuracy not cause of 100 percent overdose (Ind.), 479

– Railroads, Federal Employees Liability Act, operation of train in defective manner alleged to cause herniated cervical disk, summary judgment denied (M.D. Tenn.), 66
– Zyprexa-caused diabetes, failure to warn, expert testimony linking weight gain sufficient to deny summary judgment (E.D.N.Y.), 475

SUPPLEMENTAL TESTIMONY

– Medical malpractice, new testimony modifying prior testimony properly rejected (Utah), 519

SUPREME COURT, U.S.

– DNA post-conviction testing, denial not violation of due process (aff), 347
– Expert reports, timeliness of filing (rev sought), 367
– Forensic lab analysts, criminal defendant has right to cross-examination (rev), 345
– Pharmaceuticals, federal regulatory approval does not preempt state tort suit challenging adequacy of labels (aff), 121
– Valuation evidence, settlements, failure to conduct economic evaluation (rev den), 242
– Witness fees, $40 per day attendance fee applies to original jurisdiction cases (aff), 163

SURVEY PROOF

– Debt collection, survey letters excluded (7th Cir.), 162

SWIMMING POOLS AND SPAS

– Cleaning chemicals, smell loss, differential diagnoses standard deemed reliable, new standards announced (6th Cir.), 225
– Deck chairs, untimely expert evidence may be excluded at summary judgment (Tex.), 227