Expert Evidence Report Index-Summary

PATENTS

– Biotechnology, expert reports held to high standards, 564
– Damages

– – Hypothetical negotiations-based calculations

– – – Allowed (Fed. Cir.), 311
– – – Reasonableness, Daubert analysis of expert testimony, 608

– – Trial judge proper gatekeeper of testimony (Fed. Cir.), 9

– Expert not barred from working for client's former litigation opponent (Tex. App.), 65
– Extra-sweet pineapples, selective facts testimony inadmissible (2d Cir.), 557
– Infringement, jury acted within discretion in crediting prior art expert (Fed. Cir.), 209
– Legal malpractice, failure to conduct prior art search or patentability analysis (Fed. Cir.), 107
– Royalty damages, failure to link licensing to infringement dooms claim (Fed. Cir.), 118

PENNSYLVANIA

– Air pollution, vinyl chloride discharges, average exposure determination and cancer cluster failure to show classwide exposure (E.D. Pa.), 144
– Asbestos occupational exposure re smoking as cause of pleural thickening (Pa.), 389
– Design defects, malfunction theory of vending machine fire, testimony based on speculation improper (E.D. Pa.), 66
– Pharmaceuticals, Prempro-caused breast cancer, jury rejects causation testimony (Pa. C.P.), 116
– Qualifications, psychiatric injuries, psychiatric nurse practitioner qualified (M.D. Pa.), 315
– Work product doctrine yield to discovery of expert communications (Pa. Super. Ct.), 486

PESTICIDES

See CHEMICALS

PHARMACEUTICALS

– Accutane

– – Failure to warn, expert's study not following own methodology unreliable (N.J. Super. Ct.), 81
– – Inflammatory bowel disease, statistical proof on incidence in general public (N.J. Super. Ct.), 414

– Antitrust, indirect purchaser class action denied certification (E.D. Pa.), 510
– Baycol-caused muscle damage, failure to rule out alternatives (8th Cir.), 133
– Bendectin to vaccine-caused autism, evolving judicial scrutiny, practitioner analysis, 237
– Biotechnology, expert reports held to high standards, 564
– Disclosure, FDA proposed expansion of application and clinical findings information, misuse potential, 451
– Fentanyl patch, spectrometry test of blood goes to weight (Tex. App.), 202
– Fosamax, bone jaw disorder

– – Causation expert testimony (S.D.N.Y.), 83
– – Inconclusive proof prompts dismissal (2d Cir.), 556

– Gadolinium-caused Nephrogenic Systematic Fibrosis, expert admissible (N.D. Ohio), 257
– Levaquin, ghostwriting of expert and scientific literature, evidence admissible (D. Minn.), 557
– Metoclopramide-caused tardive dyskinesia, treating physician general causation testimony fails to establish (S.D. W.Va.), 605
– Minocycline-caused vision loss, warning labels, expert admission concerning adequacy sufficient to deny summary judgment (M.D. Ga.), 164
– Motrin-caused blindness, exclusion of label with expert's handwritten warning suggestions proper (Cal. App. Ct.), 533
– Neurotin

– – Lethargy and disorientation, expert refusal to link drug dooms suit (D. Mass.), 449
– – Suicide, off-label use, economist testimony on marketing allowed, testimony of FDA worker involved in drug application allowed (M.D. Tenn.), 228

– Paxil, failure to warn of suicide risk, testimony relying on class of drugs upheld (S.D. Ind.), 206
– Phenylpropanolamine-caused neurological illness, methodology fails Daubert (Iowa), 105
– Prempro-caused breast cancer, jury rejects testimony (Pa. C.P.), 116
– Provera, Premarin, and Prempro, trial court failure to perform Daubert analysis, drugmakers seek review (U.S., rev sought), 279; (rev den), 343
– Requip, linking to gambling fails (5th Cir.), 161
– Seroquel-caused diabetes, testimony barred for failure to consider alternative causes (11th Cir.), 191
– Trasylol labeling, regulatory expert testimony on unilateral update of label barred (S.D. Fla.), 534
– Tylenol, cirrhosis of the liver, failure to prove causation (N.Y. Sup. Ct.), 63
– Zyprexa litigation, confidential documents, permanent injunction bars disclosure (2d Cir.), 437

PHYSICIANS

– Attorney misrepresentation of finding, claims against law firm (E.D. Pa.), 560
– CAT scan interpretation, medical expert need not have same credentials as preparer of source material (Ind. App. Ct.), 413
– Controlled substances, over prescribing, admission of video showing proper patient exams harmless error (6th Cir.), 10
– Disciplinary proceedings

– – Consulting medical expert testimony not admissible (Tex. App.), 259
– – Investigative records ordered subject to discovery (Fla. Dist. Ct. App.), 487

– Medical malpractice

See MEDICAL MALPRACTICE

– Qualifications

– – Anesthesiologist, epidural steroid injections, recent and relevant experiences satisfy Va. clinical practice requirement (E.D. Va.), 312
– – Animal feed antibiotic link to injuries beyond treating physician expertise (N.M. Ct. App.), 515
– – Cardiac treatment, certified cardiologists qualified (Tex. App.), 166
– – Cardiologist testimony on physician assistant standard of care (Tenn.), 358
– – Community standards knowledge

See MEDICAL MALPRACTICE

– – Emergency room communications standard of care, patients with limited English proficiency (Tex. App.), 384
– – Neurologist with head trauma experience qualified testify on obstetrician/gynecologist standard of care re hematoma-caused injury (Tex. App.), 599
– – Pharmacist not barred from testifying on standard of care (D.S.D.), 252
– – Practice of same specialty not required (D. Md.), 582
– – Pre-suit certificate, waiver of board certification in same specialty (N.J.), 383
– – Testimony of hospital former chief surgeon improperly excluded (Del.), 466
– – Thoracic certified surgeon never performing specific procedure (Tex. App.), 511
– – Vascular surgeon qualified to address kidney damage (Tex. App.), 552
– – Vertebroplasty, radiologist practicing substantially same specialty (Mo.), 362

– Treating physician

– – Animal feed antibiotic link to injuries beyond treating physician expertise (N.M. Ct. App.), 515
– – Back injury, orthopedic surgeon barred from expressing opinion on effect of work-related vibrations on condition (E.D. Okla.), 286
– – Causation testimony subject to same rules as retained experts (8th Cir.), 513
– – Expert report required where causation opinion not determined at time of treatment (7th Cir.), 463
– – Lay testimony status requires knowledge and opinions obtained through course of treatment (S.D.), 110
– – Metoclopramide-caused tardive dyskinesia, general causation testimony fails to establish (S.D. W.Va.), 605
– – Vocational rehabilitation expert opinion of fitness for work rejected in favor of treating physician (5th Cir.), 231
– – Work product doctrine yield to discovery of expert communications (Pa. Super. Ct.), 486

POLICE

– Age discrimination, class actions, failure to establish commonality and or use well accepted methodology (N.D. Cal.), 471
– Controlled substances, visual identification insufficient (N.C. Ct. App.), 534
– Drunk driving field sobriety test, Frye standards applicability to opinion of officer (Kan.), 363
– Excessive use of force claim, former officer testimony not relevant (2d Cir.), 363
– Motor vehicle accident, opinion on speed (Mass. App. Ct.), 445

POLLUTION

See ENVIRONMENT

PREEMPTION

– Regulatory compliance defense, analysis, 268

PRIVILEGED COMMUNICATIONS

– Discovery, e-mails inadvertently sent to expert required to be disclosed (S.D. Ohio), 108
– E-mail retrieval of personal messages to attorney on company laptop violated privacy right (N.J.), 193
– Inadvertent waivers, analysis of court rulings on Fed. R. Evid. 502, 94
– NIH peer-review data, privilege recognized (D. Del.), 281
– Zyprexa litigation, confidential documents, permanent injunction bars disclosure (2d Cir.), 437

PROCEDURE

– Continuance motion, denial not equivalent to exclusion of expert (Ga.), 552

PRODUCT SAFETY AND LIABILITY

– Bicycle carbon-fiber fork defect, testimony of aircraft-coating expert not conducting tests speculative (2d Cir.), 227
– Boiler repair, metallurgist qualifications, lack of practical experience not bar (5th Cir.), 532
– Class actions

– – Conclusive ruling on admissibility required at certification stage (7th Cir.), 201
– – Daubert considerations at pre-certification stage, analysis, 348

– Crane defect, feasibility of alternative design lacking (SC Ct. App.), 471
– Design defects

See DESIGN DEFECTS

– Disclosure, FDA proposed expansion of application and clinical findings information, misuse potential, 451
– Discovery sanctions, water heater gas control, reports from nontestifying experts in settled cases not basis (Ind. App. Ct.), 225
– Escalator accident, res ipsa loquitur barred by causation options (5th Cir.), 280
– Gas can explosion, evaporation rate of aged gasoline, unknown error rate and lack of literature not bar (D. Utah), 554
– Halogen lamp fire, failure to address alternative theories (Tex.), 339
– Hydraulic lift platform failure, expert need not address product misuse (Ill. Ct. App.), 315
– Medical devices

See MEDICAL DEVICES

– Motor vehicles

See MOTOR VEHICLES

– Nickel, judicial notice of toxicity levels needed rejected (N.D.N.Y.), 263
– Oil rig wire rope sling, parts maker entitled to directed verdict (Tex. App.), 367
– Pharmaceuticals

See PHARMACEUTICALS

– Plumbing pipes, class certification, mean time to failure calculations admissibility deferred (D. Minn.), 261
– Power tool warning sufficiency, font size, guesswork disallowed (Cal. Ct. App.), 495
– Scientific literature use, challenging peer-reviewed material, practitioner discussion, 397
– Timex watch straps, hexavalent chromium-caused dermatitis, untimely report rejected, conclusory report not stating relevant standards rejected (W.D. La.), 62