Expert Evidence Report Index-Summary

TAXATION

– Embezzlement, tax expert's testimony on ERISA plan properly excluded (5th Cir.), 116
– Fraud, accountant's conviction set aside for failure of counsel to retain tax expert (N.D. Ill.), 373
– Legal opinion properly excluded (9th Cir.), 155
– Offers in compromise, favoring one appraiser's valuation over another not abuse of discretion (3d Cir.), 528
– State agency with no expertise in differentiating computers, copiers, and faxes not entitled to deference (Wis. Ct. App.), 430
– Subpoenas, expert's return and financial records barred from discovery to prove bias (M.D. Tenn.), 205

TENNESSEE

– Emergency room standard of care, physician unqualified to testify (Tenn. Ct. App.), 289
– Hearing loss, one-day test of noise level not sufficient to overturn award (Tenn.), 482
– Medical malpractice

– – Drug overdose, neuropharmacologist lacks medical expertise (Tenn. Ct. App.), 548
– – Hysterectomy, obstetrician qualified to testify infection caused death (Tenn. Ct. App.), 212
– – Locality rule

– – – Large metropolitan practice physician may testify on standards in small community (Tenn. Ct. App.), 524
– – – Plastic surgery, familiarity with similar communities sufficient (Tenn. Ct. App.), 398

– – Nurse's unfamiliarity with locality's standard of care bars testimony over fall from wheelchair (Tenn. Ct. App.), 35
– – Ordered exam establishes physician-patient relationship requiring expert proof of negligence claim (Tenn. Ct. App.), 364
– – Orthopedic specialist affidavit silent on license to practice information insufficient (Tenn. Ct. App.), 289
– – Physician-attorney testifying as necessary witness may not represent party (Tenn. Ct. App.), 227
– – Physician from Mo. excluded for not demonstrating familiarity with state law (Tenn. Ct. App.), 93

– Misidentification of newborn baby, emotional distress claim requires expert proof (Tenn. Ct. App.), 69
– Qualifications, mental capacity of criminal defendant, physician improperly excluded (Tenn.), 58
– Sex offender with sleep disorder, self-reported medical history improperly excluded (Tenn.), 56
– Workers' compensation, expert causation proof required (Tenn.), 505

TESTING

– ADEA, firefighter physical fitness test failure fails to raise triable issue (D. Ore.), 318
– 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
– Building block manufacturer's claim that competitor's promotion of its own blocks was false disproved by testing of blocks (W.D. Wash.), 10
– DNA

See DNA TESTING

– Ground water contamination, hydrologist's testimony on third-party tests excluded as speculative (4th Cir.), 31
– Hearing loss, one-day test of noise level not sufficient to overturn award (Tenn.), 482
– House fire, space heater, testimony inadmissible for lack of testing (8th Cir.), 57
– Ladders

– – Use of own test by expert properly excluded (E.D. Tenn.), 91
– – Weight test, failure to perform does not warrant dismissal (7th Cir.), 116

– Superfund cost recovery, soil sample evidence barred for loss of samples and test data (D. Conn.), 280

TEXAS

– Benzene

– – Leukemia, expert proof failed to establish exposure contributed to (Tex. App.), 100
– – Negligent closure of landfill, expert proof fails to show exposure caused leukemia (Tex.), 253

– Biased experts, testimony before administrative law judge not denial of due process (Tex. App.), 191
– Condemned property easement, income method of appraisal improperly excluded (Tex.), 366
– Design defects, commercial trailers, safer alternative fails to meet risk-utility analysis (Tex.), 313
– Discovery

– – E-discovery

– – – Rummage through hard drive requires some showing that evidence is available and retrievable (Tex.), 442
– – – Special master review of computer hard drive for relevance, stay of lower court order granted pending review (Tex.), 497

– – Untimely expert evidence may be excluded at summary judgment (Tex.), 227

– Expert reports

– – Fair summary in compliance with statute, refusal to dismiss upheld (Tex. App.), 113
– – Hospital bed defect claim deemed product liability action not requiring report (Tex.), 443
– – Medical malpractice

– – – Attorneys' fees, refusal to grant after dismissal of action for lack of expert report improper (Tex.), 370
– – – Emergency medicine, substantial training and experience sufficient to qualify (Tex. App.), 385
– – – Licensed counselor deemed qualified health provider (Tex. App.), 469
– – – Negligent discharge, report containing series of repetitious and conclusory statement insufficient (Tex. App.), 418
– – – Order seeking attorneys' fees may appeal refusal of dismissal of report post dismissal (Tex.), 370
– – – Respondeat superior and statutory liability, vicarious liability claims not required to provide separate report (Tex.), 206
– – – Sanctions for failure to file survive nonsuit order (Tex.), 281
– – – Standard of care, separate reports required for each defendant (Tex. App.), 207
– – – Timeliness

See Timeliness of filing, this subheading

– – Nursing home neglect of patients, report required (Tex. App.), 256
– – Slip and fall claim not action requiring report (Tex. App.), 370
– – Timeliness of filing

– – – Filing within 120 days of amended petition naming new doctor defendants proper (Tex. App.), 370
– – – Mailings, ordinary postal mail received before expiration of period meets requirements (Tex. App.), 470
– – – Mandamus unavailable to defendant to appeal extension for plaintiff to file (Tex.), 65
– – – 120-day period relates to filing date of original petition (Tex. App.), 386
– – – Service of report prior to filing of claim improper (Tex. App.), 87
– – – Trial court may grant extension for revision of conclusory report (Tex.), 7

– Jury may disregard expert testimony (Tex. App.), 431
– Killing of pregnant woman's embryo, medical proof of early pregnancy not possible from mere observation, conviction rejected (Tex. Crim. App.), 39
– Laser hair removal, negligence claim does not require expert report (Tex. App.), 185
– Medical malpractice

– – Chiropractor not qualified to testify on causation (Tex. App.), 53
– – Dental malpractice, removal of wrong tooth, reasonable medical probability meets threshold (Tex. App.), 421
– – Expert reports, sanctions for failure to file report survive nonsuit order (Tex.), 281
– – Patient admissions, physician allowed to testify on standard of care when patient requests specific doctor (Tex. App.), 447
– – Qualifications of expert

See Qualifications of expert, this heading

– – State expert report rule does not apply to cases removed to federal court (S.D. Tex.), 11
– – Substitute doctor qualified to testify in obstetrics case (Tex. App.), 26
– – Surgeon need not perform same procedure to testify as expert (Tex. App.), 228
– – Timeliness of reports

See Expert reports, this heading

– Qualifications of expert

– – Anesthesiologist, experience, education, and training sufficient to allow opinion on positioning and padding of patient during surgery (Tex. App.), 545
– – Bypass surgery, emergency room and attending ICU physician not qualified to testify on formulation of ICU policy and procedure (Tex. App.), 520
– – Objection to expert must be brought within 21 days (Tex. App.), 88
– – Pharmaceuticals, physician in medical malpractice suit failed to demonstrate expertise on causation (Tex. App.), 112

TIMELINESS

– Age discrimination, admission of inadmissible state investigative study for failure to timely object impermissible sanction (Mont.), 471
– Deadline extension for naming experts, excusable neglect standard not applicable to untimely motions (Wis. Ct. App.), 184
– Discovery, untimely expert evidence may be excluded at summary judgment (Tex.), 227
– Expert reports, timeliness of filing

– – Filing 3 months after deadline excluded (9th Cir.), 187; (U.S. rev sought), 367
– – Filing within 120 days of amended petition naming new doctor defendants proper (Tex. App.), 370
– – Mailings, ordinary postal mail received before expiration of period meets requirements (Tex. App.), 470
– – Mandamus unavailable to defendant to appeal extension for plaintiff to file (Tex.), 65
– – Service of report prior to filing of claim improper (Tex. App.), 87
– – State-owned hospital, claim against requires timely filing of reports under Medical Liability Act and Tort Claim Act (Tex. App.), 229
– – Tex. 120-day period relates to filing date of original petition (Tex. App.), 386
– – Trial court may grant extension for revision of conclusory report (Tex.), 7
– – Untimely preemptive rebuttal report not grounds for expanding scope (S.D. Ind.), 183

– Qualifications of expert, objection must be brought within 21 days (Tex. App.), 88

TITLE VII

See DISCRIMINATION

TOBACCO INDUSTRY

– Antitrust

– – Price fixing, economist testimony on parallelism of price leads to reinstatement of class action (N.M. Ct. App.), 239
– – Pricing data, protective order allowing plaintiff's experts access rejected (S.D.N.Y.), 53

– Menthol cigarette dangers, expert report filed in Israeli class action, 257

TOXIC SUBSTANCES

See CHEMICALS
– Environment contamination

See ENVIRONMENT

TOYS AND GAMES

– False advertising, building block manufacturer fails on claim that competitor's promotion of its own blocks was false (W.D. Wash.), 10

TRADEMARKS

– Distinctiveness, expert testimony on history of Chippendales cuffs and collars not helpful (TTBA), 193

TRANSPORTATION

– Air

See AIR TRANSPORTATION

– Motor vehicles

See MOTOR VEHICLES

TREATISES

– Judicial notice, Wikipedia insufficiently reliable to qualify (N.J. Super. Ct.), 257