Expert Evidence Report Index-Summary

FALLS AND INJURIES

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Serious health condition, expert needed to supplement lay medical evidence (3d Cir.), 140

FEDERAL PREEMPTION

FEES

– Attorney's fees

– – Expert reports, dismissal for failure to produce, fees mandated (Tex.), 463
– – Return of fees for work never performed, expert not required (Tenn. Ct. App.), 321

– Criminal proceedings, ancillary jurisdiction over subpoenaed expert fees (8th Cir.), 417
– E-discovery boosts costs in federal litigation, 176
– Expert fees

– – Investors seen as funding source, Special Report, 178
– – Preparation time, costs not authorized (N.C. Ct. App.), 561

FIDUCIARY DUTY

– Stock drop litigation, valuation expert using alternative investment methodology demonstrates injury-in-fact to pursue class claims (E.D. Pa.), 209

FINANCIAL FRAUD

See FRAUD

FIREARMS AND WEAPONS

– Tasers, wrongful death

– – Expert testimony on narrow time frame between shot and death raises question of fact (D. Colo.), 205
– – Timing alone insufficient to allow trial (9th Cir.), 205

FIRES

– Causation

– – Halogen lamp defect, failure to address alternative theories (Tex.), 339
– – Vending machine defect, malfunction theory based on speculation improper (E.D. Pa.), 66

– Gas can explosion, evaporation rate of aged gasoline, unknown error rate and lack of literature not bar (D. Utah), 554
– Qualifications, kitchen range, electrical engineering degree and 3,000 fire investigations (M.D. La.), 221
– Testing, Bernzomatic torch explosion, insufficient testing results in rejection of testimony (9th Cir.), 255; (U.S., rev den), 530

FLORIDA

– Attorney's' fees, reasonableness determination requires expert (Fla. Dist. Ct. App.), 418
– Computer search fails to satisfy Menke standards (Fla. Dist. App.), 282
– Discovery, physician disciplinary proceeding, investigative records ordered disclosed (Fla. Dist. Ct. App.), 487
– SUV rollover, photos, videos, and charts, doctrine of substantial similarity improperly applied (Fla. Ct. App.), 343

FOOD POISONING

– Peanut butter-caused salmonella, failure to link recalled product or provide medical records (N.D. Ga.), 518

FORENSIC ANALYSIS

See also TESTING
– Autopsy results

– – Medical examiner not author to report (Me.), 443
– – Nonperforming expert testimony restricted to personal conclusions (Okla. Crim. App.), 314

– Baseless claims, scientific knowledge aids judges and defense counsel in uncovering, 92
– Bullet weight, lay and expert testimony admissible (N.C. Ct. App.), 601
– Computers

– – Abuse victim and family member computers search (Colo.), 358
– – Data theft, spoilation and suspicious defendant testimony, neutral expert exam (D. Conn.), 359
– – E-mail retrieval of personal messages to attorney on company laptop violated privacy right (N.J.), 193
– – Fourth Amendment application, Special Report, 211
– – Investigation costs not actionable damages or loss under Computer Fraud and Abuse Act (N.D. Ill.), 68
– – Wrongful death, computer and cell phone search fails to satisfy Menke standards (Fla. Dist. App.), 282

– DNA testing

See DNA TESTING

– D'Onofrio v. SFX, spoilation of computer data, failure to show bad faith thwarts summary judgment (D.D.C.), 485; analysis, 520
– Driving record certification, testimony of secretary of state not required (Me.), 221
– Drugs

– – Narcotic intoxication, analytical gaps in physician testimony go to weight (5th Cir.), 174
– – Visual identification unreliable (N.C.), 341
– – Witness reporting results of analysis by another expert violates right to confrontation (N.C. Ct. App.), 230

– Drunk driving

See MOTOR VEHICLES

– Fentanyl patch toxicity, spectrometry blood test goes to weight (Tex. App.), 202
– Financial fraud, accountant allowed to testify (D.S.C.), 14
– Fingerprints, lack of error rate testimony not fatal (11th Cir.), 584
– Noncapital sentencing proceedings, cross-examine allowed (N.C. Ct. App.), 585
– Pathologist testimony on cause of death admissible at preliminary hearing (Neb.), 514
– Va. notice and demand requirement, remanded for further proceedings (U.S., remand), 33

FORUM SELECTION

– Convenience of experts low priority (La.), 561

FRAUD

– Attorney misappropriation of funds, post-9/11 trauma supports lack of intent (N.Y. App. Div.), 421
– Baseless claims, scientific knowledge aids judges and defense counsel in uncovering, 92
– Chevron/Ecuador oil contamination claims

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

– Criminal prosecutions, controlled substances, over prescribing, admission of video showing proper patient exams harmless error (6th Cir.), 10
– Financial fraud

– – Accountant allowed to testify (D.S.C.), 14
– – Handwriting and corporate governance expert allowed (E.D.N.Y.), 61
– – Lay testimony of observations and perceptions admissible (5th Cir.), 143
– – Mental state, fund managers' manipulation of investment market, testimony impermissibly draws legal conclusions (N.D. Ill.), 171
– – Organized crime family structure testimony rejected (3d Cir.), 34

– Medicare fraud

– – Billing fraud, statistician and medical billing code expert testimony admissible (4th Cir.), 556
– – Discovery, expert referral to DOJ memos requires production of documents (D. Idaho), 80
– – Lay testimony, HHS special agent testimony deemed direct proof (N.D. Cal.), 290

– Sanctions, exclusion of testimony for failure to timely disclose bases of opinion, plaintiffs seek to set aside (D. Nev.), 284
– Securities

See SECURITIES FRAUD

– Statute of limitations, medical malpractice, fraudulent concealment claim creates factual dispute (Tenn. Ct. App.), 199

FREEDOM OF RELIGION

– Satanism and human sacrifice testimony admissible at sentencing phase (Tex. Crim. App.), 514

FRYE STANDARDS

See DAUBERT GUIDELINES AND ANALYSIS