Infection evidence admissible in birth injury case 
By:
Pat Murphy
Published: August 6, 2010
Tags: birth injury, expert testimony, medical malpractice
A medical malpractice defendant should have been permitted to introduce expert testimony that a child’s birth injuries were the result of preexisting infections in the womb, the Illinois Appellate Court has ruled in reversing a $12 million jury verdict.
Medical expert required in surgical drain case
By:
Pat Murphy
Published: June 30, 2010
Tags: expert testimony, medical malpractice, res ipsa loquitur
A medical malpractice plaintiff was required to introduce expert testimony on whether his doctors breached a standard of care in failing to remove an abdominal drain inserted following surgery, the California Court of Appeal has ruled in affirming judgment.
Autism evidence inadmissible in brain injury case
By:
Pat Murphy
Published: June 24, 2010
Tags: autism, Daubert, expert testimony, product liability
A product liability plaintiff could not introduce expert testimony to show that her son’s autism was the result of brain injuries suffered when the defendant’s child safety seat allegedly failed, the 11th Circuit has ruled in affirming a dismissal.
Defendant can show suggestiveness of child interviews
By:
Pat Murphy
Published: May 6, 2010
Tags: Daubert, expert testimony
A defendant charged with sexually abusing a child can introduce expert testimony to show that the victim’s accusations were the product of a suggestive interview process conducted by police and social workers, the Kentucky Supreme Court has ruled in reversing a conviction.
Court reverses $18 million jury verdict against Ford
By:
Correy Stephenson
Published: March 22, 2010
Tags: cruise control, defective design, expert testimony, Ford, Ford Explorer
An $18 million jury verdict against a car manufacturer must be reversed because the trial court erred by admitting evidence of similar accidents, qualifying the plaintiffs’ witness as an expert in cruise control systems and allowing testimony regarding alternative feasible design, the South Carolina Supreme Court has ruled.
Doctor can give expert opinion
By:
Nora Tooher
Published: March 12, 2010
Tags: Daubert, expert testimony, product liability
A doctor’s expert opinion on the reasons for the failure of an artificial elbow joint is admissible, the 9th Circuit has ruled in reversing a U.S. District Court.
Justices to rule on use of expert testimony in criminal trials
By:
Pat Murphy
Published: February 22, 2010
Tags: effective assistance of counsel, expert testimony, Sixth Amendment
The U.S. Supreme Court has agreed to decide whether a criminal defendant is denied the effective assistance of counsel when his lawyer chooses methods other than expert testimony to create a reasonable doubt of guilt.
Defense expert can’t rely on breath test
By:
Pat Murphy
Published: February 12, 2010
Tags: breath test, drunk driving, expert testimony
A defense expert in a drunk driving case could not base his testimony on a preliminary breath test administered by police just prior to the defendant’s arrest, the Wisconsin Supreme Court has ruled in affirming judgment.
Expert can’t testify about Accutane study
By:
Nora Tooher
Published: February 8, 2010
Tags: Accutane, causation, expert testimony, product liability
A plaintiff’s expert can’t testify regarding a study showing a link between the drug Accutane and depression, but may be able to testify on general causation, the New Jersey Appellate Division has ruled.
Drunk driver can refute breath test results
By:
Pat Murphy
Published: February 1, 2010
Tags: blood alcohol content, drunk driving, expert testimony
A drunk driver should have been allowed to introduce expert testimony to show that her blood-alcohol content was below the legal limit, the Mississippi Supreme Court has ruled in reversing a conviction.
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