Expert Evidence Report Index-Summary

WAIVERS

– Attorney-client privilege, inadvertent waivers, analysis of court rulings on Fed. R. Evid. 502, 94
– Attorneys, conflict of interest, waiver must be unqualified (Cal. Ct. App.), 411

WASHINGTON

– Defamation, ethics standards testimony admissible in prosecutor's claims against ex-employer to establish malice (Wash. Ct. App.), 92
– E-discovery, defense expert right to hard drive copy (Wash.), 337
– Motorcycle circuit breaker defect, molten metal analogy to spattered blood spatter fails Frye (Wash. Ct. App.), 577
– Slip-and-fall injury, accident reconstruction expert testimony based on evidence in record admissible (Wash. Ct. App.), 37

WASHINGTON, D.C.

See DISTRICT OF COLUMBIA

WEST VIRGINIA

– Lay testimony, motor vehicle accident-caused bruising, phlebotomist observation deemed (W. Va.), 583
– Statements against interest, expert on false confessions rejected as confusing (W.Va.), 202

WHISTLEBLOWERS

– Expert reports, untimely expert report barred (M.D. Pa.), 57

WIRETAPS

– Lay testimony, opinions based on experience and training impermissible expert proof (4th Cir.), 440

WISCONSIN

– Common knowledge, breach of contract claims, expert not required (Wis.), 198
– Drunk driving, conclusions based on preliminary breath tests barred (Wis.), 81
– Valuation, real property, outdated comparable sales lack creditability (Wis. Ct. App.), 292

WORK PRODUCT

– Discovery of expert communications allowed (Pa. Super. Ct.), 486
– Expert witness disclosure rule changes approved, 266; rule takes effect, 588
– Inadvertent waivers, analysis of court rulings on Fed. R. Evid. 502, 94

WORKERS' COMPENSATION

– Impairment exception, ignoring proof of difficulty of identifying individual high on marijuana results in set aside of award (Kan. Ct. App.), 320
– Judge improperly considered own experiences in weighing inconsistent evidence (Tenn.), 65
– Silica caused lung cancer, work history and biopsy link sufficient (Tenn.), 34

WRONGFUL DEATH

– Assisted living facility, arbitration of negligence claims, detailed expert interrogatory deemed waiver (N.C. Ct. App.), 530
– Computer and cell phone search fails to satisfy Menke standards (Fla. Dist. App.), 282
– Crane defect, feasibility of alternative design lacking (S.C. Ct. App.), 471
– Hospitals, emergency room negligence, hospitals may be held directly liability (Tenn.), 536
– Inadequate supervision claim against medical center, expert proof not required (N.C. Ct. App.), 195
– Motor vehicle accidents

See MOTOR VEHICLES

– Narcotic intoxication, analytical gaps in physician testimony go to weight (5th Cir.), 174
– Negligent hiring of nurse claim against hospital (Tex. App.), 420
– Neurotin-caused 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, general warning insufficient (S.D. Ind.), 206
– Postoperative care, expert required (Tenn. Ct. App.), 473
– Tasers

– – 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

WYOMING

– Affidavits, competency for estate planning purposes, exclusion for failure to attach medical records (Wyo.), 559