Expert Evidence Report Index-Summary

E-DISCOVERY

See DISCOVERY

ECONOMIC SUBSTANCE

– Codification and new case law impact, analysis, 293

ELECTRONIC MEDIA

See COMPUTERS

EMOTIONAL DISTRESS

– Employment discrimination, mental exam by defense expert ordered (E.D. Cal.), 163

ENVIRONMENT

– Air pollution

– – EPA greenhouse rules, application of Daubert analysis, 120
– – Liquor distillery, odor and particulate trespass claims, off-site testing data sufficient (W.D. Ky.), 68
– – Vinyl chloride discharges, average exposure determination and cancer cluster failure to show classwide exposure (E.D. Pa.), 144

– Chevron/Ecuador dispute

– – Ecuador removes judge for inaction on fraud claims (Sup. Ct. Nueva Loja), 519
– – Expert reports on contamination called fraudulent (N.D. Ga.), 197

– Discovery, industry-funded MTBE toxicity study, access raw data (S.D.N.Y.), 438
– Mold exposure, expert not needed (Mich. Ct. App.), 15
– Paper mill contamination, class certification defeated by need for individual determinations (M.D. Ala.), 537
– Plutonium contaminated property, mere exposure insufficient to establish damages (10th Cir.), 469
– Tanker discharges, exclusion of testimony linking oil samples in discharge hose results in defense verdict (S.D. Tex.), 264

ERISA

– Actuary malpractice, failure to detect flawed data from pension plan, claims dismissed (N.D. Ohio), 209
– Stock drop litigation, valuation expert using alternative investment methodology demonstrates injury-in-fact to pursue class action (E.D. Pa.), 209

ESTATE TAX

– Accuracy-related penalty, reliance on inexperienced attorney and accountant reasonable (2d Cir.), 176
– Real property valuation, future zoning properly assumed (5th Cir.), 602

EVIDENCE

See also specific type of evidence
– Discovery

See DISCOVERY

– Electronic evidence, collection process and issues, 589
– Motion judge evidentiary ruling not bar to re-raising at trial (N.Y. App. Div.), 337
– Spoilation, computer data, failure to show bad faith thwarts summary judgment (D.D.C.), 485; analysis, 520

EXPERT REPORTS

– Author required to be available for deposition (Tenn.), 55
– Biotechnology patents, reports held to high standards, 564
– Chevron/Ecuador oil contamination claims

– – Ecuador removes judge for inaction on fraud claims (Sup. Ct. Nueva Loja), 519
– – Reports on contamination called fraudulent (N.D. Ga.), 197

– Class certification rejected prior to ruling on admissibility of competing reports (N.D. Ill.), 234
– Copyright infringement, report lacking discussion of basis and reasons for opinion rejected (6th Cir.), 284
– Criminal proceeding, reliance on pretrial bail report at sentencing hearing (2d Cir.), 417
– Davol Bard Composix Kugel Hernia Mesh patch, failure to inform patient of recall not malpractice requiring report (La. Ct. App.), 250
– Medical malpractice

– – Birth injuries, minute differences in risk factors (Tex. App.), 385
– – Delayed diagnosis related pain, report sufficient (Tex. App.), 32
– – Knee injury, no link between injury and breach of care (Tex. App.), 338
– – Multiple reports, use to establish standard of care (Tex. App.), 385
– – Neurologist's tying of opinion to facts of case adequate (Tex. App.), 599
– – Port-a-cath misplacement, board certified physicians qualified (Tex. App.), 7
– – Prescription drug firm providing oxygen deemed health care provider for report requirement (Tex. App.), 312
– – Septic infection, failure to set forth standard of care dooms report (Tex. App.), 31
– – Treating physician opinion not determined at time of treatment (7th Cir.), 463

– Necessity

See NECESSITY

– Occupational exposure induced asthma, report generated for purpose of litigation inadmissible hearsay (Tenn.), 60
– Sexual assault, claims against orthopedist not health liability action requiring report (Tex. App.), 313
– Untimely reports

– – Age discrimination, same report filed in earlier suit (10th Cir.), 363
– – Disclosure 18 days after deadline insufficient to exclude (Fed. Cl.), 357
– – Whistleblower claims barred (M.D. Pa.), 57

EYEWITNESS TESTIMONY

– Reliability

– – Expert proof admissible (Utah), 29
– – Presumption of admissibility of expert to refute rejected (Md.), 89

– Wrongful death, inference of conscious pain and suffering (Md.), 509