Expert Evidence Report Index-Summary

SANCTIONS

– Discovery, water heater gas control, reports from nontestifying experts in settled cases not basis (Ind. App. Ct.), 225
– FEMA trailer formaldehyde, industrial hygienist false statements in unrelated case not bar to testimony (5th Cir.), 581
– Mortgage fraud, exclusion of testimony for failure to timely disclose bases of opinion, plaintiffs seek to set aside (D. Nev.), 284
– Whistleblower claims, untimely report barred (M.D. Pa.), 57

SEARCH AND SEIZURE

– Computer data

See COMPUTERS

– Police officer's testimony on legality of search barred (N.D. Ill.), 286

SECURITIES FRAUD

– Auditor malpractice, defending investor claims at pleading stage, analysis, 147
– Broker registration requirement, testimony on whether actions triggered requirement allowed (M.D. Fla.), 603
– Discovery, internal accounting documents to prove loss causation not accessible (S.D. Tex.), 199
– Fraud-on-the market presumption, causation link between misrepresentations and loss required at certification stage (5th Cir.), 134
– Misstatement induced stock price increase, lack of expert testimony bars price evidence (D.S.C.), 56
– News reports, failure to link stock drop to news reports of account irregularities (2d Cir.), 142

SELF-INCRIMINATION

– Incriminating statements admissible at preliminary hearing (Neb.), 514

SENTENCING

– Expert reports, reliance on pretrial bail hearing report (2d Cir.), 417
– Noncapital sentencing proceedings, cross-examine of experts writing forensic reports allowed (N.C. Ct. App.), 585
– Satanism and human sacrifice testimony admissible (Tex. Crim. App.), 514

SETTLEMENTS

– World Trade Center responders, offer rejected as unfair, judge to appoint team to administer claims (S.D.N.Y.), 174

SEX DISCRIMINATION

– Statistics

– – Aggregation of data permitted (3d Cir.), 441
– – Class certification, statistical evidence upheld, Daubert challenge rejected (9th Cir.), 219; role of experts at certification stage, analysis, 423; antitrust implications, analysis, 501
– – San Diego lifeguard promotions, disparate impact statistics (9th Cir.), 345
– – Significant statistical disparity testimony allowed (S.D.N.Y.), 137

SEXUAL ASSAULT

– Expert reports, claim against orthopedist not health liability action requiring report (Tex. App.), 313

SEXUAL HARASSMENT

– E-discovery, forensic proof of laptop file deletion results in dismissal (Mich. App.), 57

SHIPS AND SHIPPING

– Photograph of unsafe practices to support unseaworthiness claims (1st Cir.), 515

SIGNATURES

– Handwriting expert allowed (E.D.N.Y.), 61

SLIP-AND-FALL INJURIES

– Accident reconstruction testimony based on evidence in record admissible (Wash. Ct. App.), 37
– Causation, extrapolation of causation from clinical data (Miss.), 364
– Duty to keep floors clear of spilled water, expert not required (Del. Super. Ct.), 114
– Hospital walker, unattended patient fall, expert not required (Cal. Ct. App.), 41
– Sidewalk defect, photographic-based calculations, building code expert testimony barred (N.D. Ill.), 602

SOUTH CAROLINA

– Automobile cruise controls, British industry consultant not qualified in suit against Ford (S.C.), 171
– Legal malpractice, landlord-tenant claims, conclusory statement that case not properly presented insufficient (S.C.), 587
– Medical malpractice subclavian bypass, failure to inform of risk, expert not required to withstand directed verdict (S.C. Ct. App.), 494
– Wrongful death, crane defect, feasibility of alternative design lacking (S.C. Ct. App.), 471

SOUTH DAKOTA

– Lay testimony, memory loss, treating physician status requires knowledge and opinions obtained through course of treatment (S.D.), 110
– Medical malpractice, informed consent claim, expert not needed (D.S.D.), 606

SPORTS

– Antitrust, auto racing, market definition, testimony deviating from standardized test excluded (6th Cir.), 11

STANDARD OF CARE

See generally MEDICAL MALPRACTICE

STATISTICS

See also SURVEYS
– Accutane-caused inflammatory bowel disease, incidence in general public (N.J. Super. Ct.), 414
– Age discrimination

– – Class actions, police officer promotions, failure to establish commonality and or use well accepted methodology (N.D. Cal.), 471
– – Link between age and likelihood of termination in RIF (D. Me.), 251

– Antitrust, pharmaceutical company re generic manufacturer, indirect purchaser class action denied certification (E.D. Pa.), 510
– Consumer credit class action, misleading dunning letters, faulty survey leads to dismissal (7th Cir.), 131
– DNA testing, nonexclusion of defendant, testimony on statistical significance required (Mass.), 86
– Employment claims class actions, sampling techniques best use, analysis, 474
– Gender discrimination, significant statistical disparity testimony allowed (S.D.N.Y.), 137
– Lost earnings, investment banker, failure to base estimate on independent assessment of company's projected growth fatal (N.D. Cal.), 600
– Mandatory retirement age for state troopers, conflicting proof on ability to perform job (Vt.), 393
– Medicare billing fraud, statistician and medical billing code expert testimony admissible (4th Cir.), 556
– Plumbing pipes, pre-certification of mean time to failure statistical calculations admissibility deferred (D. Minn.), 261
– Race discrimination

See RACE DISCRIMINATION

– Sex discrimination

See SEX DISCRIMINATION

STATUTES OF LIMITATIONS

– Medical malpractice, fraudulent concealment claim creates factual dispute (Tenn. Ct. App.), 199

SUFFICIENCY

See METHODOLOGY; specific subject matter
– Expert reports

See EXPERT REPORTS

SUMMARY JUDGMENT

– Affidavit contradicting earlier deposition, summary judgment not precluded (Ohio), 381
– Chemotherapy developmental risk to fetus, failure to draw causal connection not grounds (Mass. App. Ct.), 517
– Drug warnings, minocycline-caused vision loss, expert admission concerning adequacy sufficient to deny summary judgment (M.D. Ga.), 164
– Medical causation, review panel divided opinion not basis for rejecting (Ind. App. Ct.), 197
– Medical devices

– – ObTape Transobturator sling design defects, panel of experts leads to denial of motion (M.D. Ga.), 222
– – Physician duty to disclose off-label use, testimony creates question fact for jury (D.S.D.), 16

– Medical malpractice, community standards knowledge, demonstration of sufficient training and experience preclude summary judgment (N.C. Ct. App.), 260
– Medical negligence, sterilization procedure similarity to other facilities insufficient basis (Tenn. Ct. App.), 131

SUPREME COURT

– Bernzomatic torch explosion, Daubert application in diversity suits upheld (U.S., rev den), 530

SUPREME COURT, U.S.

– Antitrust

– – Causation, use of Fed. R. Evid. 803(3) hearsay exception to prove causation and damages, analysis, 70
– – Damages, automotive price-fixing, failure to show link between violations and dealership financial difficulties (rev den), 513

– Daubert standards, trial court failure to perform analysis, drugmakers seek review (rev sought), 279; (rev den), 343
– DNA testing, misstatement of match probability insufficient to exclude (rvs), 33
– Expert witness disclosure rule changes approved, 266; rule takes effect, 588
– Forensic evidence, confrontation of analyst case remanded for further proceedings (rem.), 53

SURVEYS

See also STATISTICS
– E-discovery boosts costs in federal litigation, 176

SUVs

See MOTOR VEHICLES