Expert Evidence Report Index-Summary

CALIFORNIA

– Asbestos, refinery worker's lay testimony allowed to determine if consumer safety expectations in 1950s and 1960s met (Cal. Ct. App.), 450
– Attorneys, conflict of interests, waiver must be unqualified (Cal. Ct. App.), 411
– Bernzomatic torch explosion, expert testimony required (9th Cir.), 255; (U.S., rev den), 530
– Discovery, arbitration agreement restricting unconscionable (N.D. Cal.), 483
– Interrogatories, psychiatric examination by opposing counsel, monitoring by counsel in another room requires exceptional circumstances (Cal. Ct. App.), 598
– Legal malpractice, antitrust, economist definition of relevant market sufficient (Cal. Ct. App.), 111
– San Francisco police, class action age discrimination, failure to establish commonality (N.D. Cal.), 471
– Slip-and-fall injuries, unattended hospital patient fall from walker, expert not required (Cal. Ct. App.), 41
– Tire manufacturing solvent exposure, non-Hodgkins lymphoma, failure to establish causation (Cal. Ct. App.), 538

CARS

See MOTOR VEHICLES

CAUSATION

– Antitrust, use of Fed. R. Evid. 803(3) hearsay exception to prove, analysis, 70
– Autism link to accident-caused brain injury rejected (11th Cir.), 340
– Chemical exposure

See CHEMICALS

– Daubert guidelines

See DAUBERT GUIDELINES AND ANALYSIS

– Fires

See FIRES

– Fosamax, jaw bone disorder

See PHARMACEUTICALS

– Halogen lamp defect, failure to address alternative theories (Tex.), 339
– Herbicide-caused crop loss, lack of causation expert dooms claim (7th Cir.), 585
– Hurricane Katrina-caused damage, opinion based on years later inspection of similar property (S.D. Miss.), 442
– Medical causation

See MEDICAL CAUSATION

– Plutonium contaminated property, mere exposure insufficient to establish damages (10th Cir.), 469
– Res ipsa loquitur, cataract surgery, infection-caused injury, failure to trace source (Ill. App. Ct.), 448
– Securities fraud class action, fraud-on-the market presumption requires link between misrepresentations and loss at certification stage (5th Cir.), 134
– Soil excavation cave-in, soil expert testimony based solely on photos inadequate (OSHA), 146

CHEMICALS

– Antitrust, EPDM manufacturers, manageability not determinative factor in certifying class action (Iowa), 40
– Benzene-caused cancer

– – Statistically insignificant studies, testimony relying on rejected (5th Cir.), 489
– – Studies fail to support expert opinion (S.D. Ohio), 83
– – Summary judgment reversed for failure to conduct Daubert hearing (Tex. App.), 488

– Carbon monoxide exposure from rental U-Haul, speculation on manner of gas entering cabin rejected (3d Cir.), 531
– Diacetyl, popcorn-related lung injury, dismissal for inadequate causation (E.D. Wash.), 393
– Dursban-caused injuries

– – Cerebral palsy and heart-liver problems, comparative analysis rejected (8th Cir.), 601
– – Non-hodgkins lymphoma, testimony barred for flawed methodology and differential diagnosis (W.D. Pa.), 137

– Formaldehyde, FEMA trailers, industrial hygienist false statements in unrelated case not bar to testimony (5th Cir.), 581
– Gadolinium-caused Nephrogenic Systematic Fibrosis, expert testimony admissible (N.D. Ohio), 257
– Gas can explosion, evaporation rate of aged gasoline, unknown error rate and lack of literature not bar (D. Utah), 554
– Herbicide-caused crop loss, lack of causation expert dooms claim (7th Cir.), 585
– Hexavalent chromium-caused dermatitis, watch straps, conclusory report not stating relevant standards rejected (W.D. La.), 62
– Hydrogen sulfide, failure to establish exposure level (8th Cir.), 289
– Lye cleaner caused injuries, design defects, inadequate warning claims dismissed (N.Y. App. Div), 37
– Manganese welding rod fume-caused Parkinson's disease, speculative causation rejected (6th Cir.), 461
– Nickel, judicial notice of toxicity levels needed rejected (N.D.N.Y.), 263
– Paint fumes, multiple chemical sensitivity, speculative proof rejected (Kan.), 531
– Plutonium contaminated property, mere exposure insufficient to establish damages (10th Cir.), 469
– Sodium dichromate-caused lung cancer, smoker fails to establish causation (N.Y. Sup. Ct.), 87
– Tire manufacturing solvent exposure, non-Hodgkins lymphoma, failure to establish causation (Cal. Ct. App.), 538
– Uranium, mine radiation exposure, throat cancer, “but for” test not met (10th Cir.), 490
– Vinyl chloride discharges, average exposure determination and cancer cluster failure to show classwide exposure (E.D. Pa.), 144

CHILD ABUSE

– CAT scan interpretation, expert need not have same credentials as preparer of source material (Ind. App. Ct.), 413
– Hearsay, statements made to nurse examiners not categorically rejected (N.M.), 536
– Proof of improper interviewing techniques allowed (Ky.), 227
– Reliability of 3-year old, expert barred from testifying (Ill.), 600

CHILD PORNOGRAPHY

– Computer cache of temporary Internet files not proof of intentional possession (N.Y. App. Div.), 562

CHOICE OF FORUM

See FORUM SELECTION

CLASS ACTIONS

– Age discrimination, police promotions, failure to establish commonality (N.D. Cal.), 471
– Air pollution, vinyl chloride discharges, average exposure determination and cancer cluster failure to show classwide exposure (E.D. Pa.), 144
– Antitrust

See ANTITRUST

– Burden of proof and evidentary standards, analysis, 369
– Consumer credit, misleading dunning letters, faulty survey (7th Cir.), 131
– Daubert analysis at certification stage, analysis, 540
– Economic proof of deceptive trade practices (S.D.N.Y.), 444
– Employment litigation, sampling techniques best use, analysis, 474
– Environment, real property contamination, individual determinations defeat certification (M.D. Ala.), 537
– Mass torts, challenging peer-reviewed scientific literature, 397
– Product liability

– – Conclusive ruling on admissibility required at certification stage (7th Cir.), 201
– – Daubert considerations as pre-certification stage, analysis, 348
– – Motorcycle defects, expert evidence admissible at certification stage (N.D. Ill.), 38
– – Peer-reviewed scientific literature, challenging, 397
– – Plumbing pipes, pre-certification of mean time to failure calculations admissibility deferred (D. Minn.), 261

– Securities, fraud-on-the market presumption requires link between misrepresentations and loss at certification stage (5th Cir.), 134
– Sex discrimination certification, statistical evidence upheld (9th Cir.), 219; role of experts at certification stage, analysis, 423; antitrust implications, analysis, 501
– Stock drop litigation, valuation expert using alternative investment methodology demonstrates injury-in-fact (E.D. Pa.), 209

COLORADO

– Computer search of victim and family member computers (Colo.), 358

COMPETENCY

– Affidavits, exclusion for failure to attach medical records (Wyo.), 559

COMPUTERS

– Apple iPhone source code, speculation as to value of insufficient to compel discovery (N.D. Cal.), 196
– Child pornography possession and procurement, cache of temporary Internet files not proof of intentional possession (N.Y. App. Div.), 562
– Computer and cell phone search fails to satisfy Menke standards (Fla. Dist. App.), 282
– Computer Fraud and Abuse Act, use of confidential data not actionable (N.D. Ill.), 68
– Data theft, spoilation and suspicious defendant testimony, neutral expert exam (D. Conn.), 359
– E-discovery

See DISCOVERY

– E-mail retrieval of personal messages to attorney on company laptop violated privacy (N.J.), 193
– Electronic data loss, adverse interference instruction issued (D.N.H.), 512
– Fourth Amendment application, Special Report, 211
– Medical malpractice, evidentiary implications on switch to electronic records, analysis, 498
– Patent infringement, circuit boards, jury acted within discretion in crediting plaintiff's expert (Fed. Cir.), 209

CONFERENCES AND MEETINGS

– American Bar Ass'n, 92
– Biotechnology Industry Organization, 564
– National Academy of Arbitrators, 323
– National Employment Lawyers Ass'n, 396

CONFLICTS OF INTEREST

See also BIAS
– Attorneys, prior representation, waiver must be unqualified (Cal. Ct. App.), 411

CONNECTICUT

– Orthopedic implant screw failure, strict liability, modified consumer expectation used (N. Conn.), 16

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONTROLLED SUBSTANCES

See DRUGS

COPYRIGHTS

– Expert report lacking discussion of basis and reasons for opinion rejected (6th Cir.), 284

COURT-APPOINTED EXPERTS

– Tenn. approves use of volunteers by district AGs (Tenn.), 42
– World Trade Center responders, settlement offer rejected as unfair, judge to appoint team to administer claims (S.D.N.Y.), 174

CRIMINAL LAW AND PROCEDURE

See also FORENSIC ANALYSIS
– Ancillary jurisdiction over subpoenaed expert fees (8th Cir.), 417
– Child pornography possession and procurement, cache of temporary Internet files not proof of intentional possession (N.Y. App. Div.), 562
– Child sex abuse

– – Proof of improper interviewing techniques allowed (Ky.), 227
– – Reliability of 3-year old, expert barred from testifying (Ill.), 600

– Controlled substances

See also DRUGS
– – Bias, juror and witness contact during trial (Md.), 470
– – Drug dealer unqualified to interpret drug trafficking terminology (D.C. Cir.), 285
– – Over prescribing, admission of video showing proper patient exams harmless error (6th Cir.), 10
– – Witness reporting results of analysis by another expert violates right to confrontation (N.C. Ct. App.), 230

– Discovery, right to speedy trial, state delay in funding for indigents' experts (Ga.), 196
– DNA testing

See DNA TESTING

– E-discovery, computer search of abuse victim and family member computers (Colo.), 358
– Financial fraud

See FRAUD

– Frivolous appeals, Anders no-merit brief, reference to proceeding sufficient to warrant confidence in counsel's opinion required (7th Cir.), 264
– Illegal drugs

See Controlled substances, this heading

– Lay testimony, Medicare fraud, HHS special agent testimony deemed direct proof (N.D. Cal.), 290
– Mental disease, psychiatrist testimony on Asperger's disorder irrelevant in murder case (Minn.), 532
– Scope of witness questioning, questions contrary to attorney assertion (10th Cir.), 365
– Sentencing phase

See SENTENCING

– Sexual assault, nurse opinion on consistency of injuries with assault not legal opinion (Ind. Ct. App.), 113
– Statements against interest, expert on false confessions rejected as confusing (W.Va.), 202