Expert Evidence Report Index-Summary

TAXATION

– Economic substance, impact of codification and new case law, analysis, 293
– Estate valuation, accuracy-related penalty, reliance on inexperienced attorney and accountant reasonable (2d Cir.), 176
– Foreign exchange digital option transactions, lack economic substance, potential profit analysis by government expert more convincing (Fed. Cir.), 319
– National origin discrimination, tax implications of award, expert proof allowed (E.D. Pa.), 143
– Occupancy tax, failure of online travel firms to remit, evidence on amount collected by travel firms too speculative (N.D. Ohio), 139
– Tax evasion, failure to detect underreporting not defense to knowingly or willfully evasion (1st Cir.), 169

TENNESSEE

– Emergency room negligence, hospitals may be held directly liability (Tenn.), 536
– Expert reports

– – Author required to be available for deposition (Tenn.), 55
– – Generation for purpose of litigation inadmissible hearsay (Tenn.), 60

– Legal malpractice, no further inquiry doctrine, use to avoid expert mandate (Tenn. Ct. App.), 472
– Medical malpractice

– – Affidavit not superseded buy later taken deposition (Tenn. Ct. App.), 390
– – Cardiologist testimony on physician assistant standard of care (Tenn.), 358
– – Community standards

– – – Mo. expert fails to demonstrate familiarity with Memphis standards (Tenn. Ct. App.), 413
– – – Personal, firsthand, or direct knowledge required (Tenn. Ct. App.), 38

– – Impeachment of witness, treatise published after incident not barred from use (Tenn. Ct. App.), 321
– – Postoperative care, expert required (Tenn. Ct. App.), 473
– – Sponge, failure to remove after surgery (Tenn. Ct. App.), 438
– – Standard of care testimony lacking causation element results in dismissal (Tenn. Ct. App.), 116
– – Statute of limitations, fraudulent concealment claim creates factual dispute (Tenn. Ct. App.), 199
– – Video projection of testimony on screen (Tenn. Ct. App.), 394

– Medical negligence, sterilization procedures similarity to other facilities insufficient basis for summary judgment (Tenn. Ct. App.), 131
– Motor vehicle accident injuries, failure to present complete medical history results in dismissal (Tenn. Ct. App.), 117
– Nontestifying accident investigator deposition may not be queried by expert (Tenn. Ct. App.), 118
– Real property valuation, real estate agent without license qualified (Tenn. Ct. App.), 492
– Silica caused lung cancer, work history and biopsy link admissible (Tenn.), 34
– State AGs may use volunteers (Tenn.), 42
– Workers' compensation, judge improperly considered own experiences in weighing inconsistent evidence (Tenn.), 65

TESTING

See also FORENSIC ANALYSIS
– Air pollution, liquor distillery, odor and particulate trespass claims, off-site testing data sufficient (W.D. Ky.), 68
– Antitrust, auto racing, market definition, testimony deviating from standardized test excluded (6th Cir.), 11
– Bernzomatic torch explosion, insufficient testing results in rejection (9th Cir.), 255; (U.S., rev den), 530
– DNA testing

See DNA TESTING

– Drugs

– – NarTest Machine, failure to demonstrate reliability bars evidence (N.C. Ct. App.), 36
– – Police officer visual identification insufficient (N.C. Ct. App.), 534

– Drunk driving

See MOTOR VEHICLES

– Ladders, microscopic exam producing micro-crack theory adequate (4th Cir.), 35
– SUV rollover, photos, videos, and charts, doctrine of substantial similarity improperly applied (Fla. Ct. App.), 343
– Tanker discharges, exclusion of expert testimony linking oil samples in discharge hose results in defense verdict (S.D. Tex.), 264
– Tire defect, failure to test theory (10th Cir.), 387
– Vaccines, lab failing to confirm validity and lack of duplication (Fed. Cir.), 447

TEXAS

– Benzene exposure, summary judgment reversed for failure to conduct Daubert hearing (Tex. App.), 488
– Medical malpractice

– – Expert reports

– – – Attorneys' fees, medical malpractice, dismissal for failure to produce report mandates fees (Tex.), 463
– – – Birth injuries, minute differences in risk factors (Tex. App.), 385
– – – Delayed diagnosis related pain, report sufficient (Tex. App.), 32
– – – Dismissal for failure to produce mandates fees (Tex.), 463
– – – 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
– – – Pleading terms may not change underlying claims (Tex. App.), 605
– – – Port-a-cath misplacement, board certified physicians qualified (Tex. App.), 7
– – – Septic infection, failure to set forth standard of care dooms report (Tex. App.), 31
– – – Sexual assault, claims against orthopedist not health liability action requiring report (Tex. App.), 313

– – Nurse standards of care, conclusory opinion inadmissible (Tex. App.), 86
– – Physician license suspension, consulting medical expert testimony not admissible (Tex. App.), 259
– – Qualifications

– – – Cardiac treatment, certified cardiologists qualified (Tex. App.), 166
– – – 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
– – – Thoracic certified surgeon never performing specific procedure (Tex. App.), 511
– – – Vascular surgeon qualified to address kidney damage (Tex. App.), 552

– – Treatment errors, multiple explanations, expert opinion must be medically superior to other explanations (Tex.), 597

– Necessity, condominium defects, expert not needed to prove cost of repair (Tex. App.), 494
– Product liability

– – Fentanyl patch, spectrometry test of blood goes to weight and not admissibility (Tex. App.), 202
– – Halogen lamp fire, failure to address alternative theories (Tex.), 339
– – Oil rig wire rope sling, parts maker entitled to directed verdict (Tex. App.), 367

– Sentencing, Satanism and human sacrifice testimony admissible (Tex. Crim. App.), 514
– Wrongful death, negligent hiring of nurse claim against hospital (Tex. App.), 420

TIMELINESS

See STATUTES OF LIMITATIONS
– Expert reports

See EXPERT REPORTS

TOXIC SUBSTANCES

See CHEMICALS

TREATING PHYSICIANS

See PHYSICIANS