Expert Evidence Report Index-Summary

ACCOUNTING

– Auditor malpractice, defending at pleading stage, analysis, 147
– Fraud

See FRAUD

– Tax evasion, accountant failure to detect underreporting not defense (1st Cir.), 169

ADVERTISING

AFFIDAVITS

– Competency for estate planning purposes, exclusion for failure to attach medical records (Wyo.), 559
– Legal malpractice, indigent affidavit requirement (Ga), 366
– Medical malpractice

– – Affidavit not superseded buy later taken deposition (Tenn. Ct. App.), 390
– – Contradiction of earlier deposition, summary judgment not precluded (Ohio), 381
– – Declaration signed under perjury penalty acceptable (Nev.), 336
– – Reasonable belief in credentials (Mich. Ct. App.), 31

AGE DISCRIMINATION

– Discovery, arbitration restriction unconscionable (N.D. Cal.), 483
– Late filed expert report, same report filed in earlier suit (10th Cir.), 363
– Mandatory retirement age for state troopers, conflicting proof on ability to perform job (Vt.), 393

ALABAMA

– Necessity, attic stairway faulty installation, engineering license not needed (Ala.), 82

AMERICANS WITH DISABILITIES ACT (ADA)

– Major bodily functions list, effect on use of experts, 396

ANTITRUST

– Class actions

– – Chemical manufacturers, manageability not determinative factor in certifying (Iowa), 40
– – Conflicting expert evidence scrutinized at certification stage (E.D. Pa.), 464
– – Dukes v. Wal-Mart Stores rigorous analysis rule, implications, analysis, 501
– – Expert testimony analysis at certification stage, Hydrogen Peroxide decision, 324
– – Hospital pricing, certification rejected prior to ruling on admissibility of expert report (N.D. Ill.), 234
– – Legal opinion on how court should rule rejected (Ark.), 59
– – Pineapple market, selective facts testimony rejected (2d Cir.), 557
– – Thermostats, economic evidence improperly denied at early stage (Vt.), 5

– Damages

– – Artificial tooth manufacturer, leeway allowed in hypothetical (M.D. Pa.), 260
– – Automotive price-fixing, failure to show link between violations and dealership financial difficulties (U.S., rev den), 513
– – Fed. R. Evid. 803(3) hearsay exception use to prove, analysis, 70

– Geographic market, economic proof, size of market too small (E.D. Tenn.), 418
– Legal malpractice, economist definition of relevant market as proof of underlying claim (Cal. Ct. App.), 111
– Market definition

– – Auto racing, testimony deviating from standardized test (6th Cir.), 11
– – Gambling, night club owners not qualified (9th Cir.), 163

– Nurses' wage-fixing claims, testimony on anticompetitive effect (N.D.N.Y.), 391
– Pharmaceutical company re generic manufacturer, indirect purchaser class action denied certification (E.D. Pa.), 510

APPRAISALS

See VALUATION

ARBITRATION

– Discovery restriction unconscionable (N.D. Cal.), 483
– Use of experts in proceedings, Natl. Acad. of Arbitrators, 323
– Wrongful death, detailed expert interrogatory deemed waiver of right (N.C. Ct. App.), 530

ARCHITECTS

– Unwritten consensus sufficient to establish standard of care (N.J. Super. Ct. App. Div.), 14

ARIZONA

– Daubert standards, legislation moving to Frye standard signed, 267

ARKANSAS

– Antitrust, legal opinion on how court should rule rejected (Ark.), 59
– Medical malpractice, bar against defendant testifying as expert upheld (8th Cir.), 409

ASBESTOS

– Automotive products workplace exposure, causation experts support verdict (N.J. Super. Ct. App.), 233
– Causation testimony, occupational exposure re smoking as cause of pleural thickening (Pa.), 389
– Railworkers, failure to prove economic damages not bar to noneconomic damages (Miss.), 60
– Refinery worker's lay testimony allowed to determine if consumer safety expectations in 1950s and 1960s met (Cal. Ct. App.), 450

ATTORNEYS

– Anders no-merit brief, reference to proceeding sufficient to warrant confidence in counsel's opinion required (7th Cir.), 264
– Conflicts of interest, prior representation, waiver must be unqualified (Cal. Ct. App.), 411
– Fees

– – Expert reports, dismissal for failure to produce, fees mandated (Tex.), 463
– – Reasonableness determination requires expert (Fla. Dist. Ct. App.), 418

– Malpractice

See LEGAL MALPRACTICE

– Misappropriation of funds, post-9/11 trauma supports lack of intent (N.Y. App. Div.), 421
– Misrepresentation of expert's finding, claims against law firm to proceed (E.D. Pa.), 560
– Patents, expert not barred from working for client's former litigation opponent (Tex. App.), 65
– Privileged communications

See PRIVILEGED COMMUNICATIONS

– Pro hac vice status, improper contract of expert by opposing party (N.C.), 365