Pathologist can’t testify about autopsy report 
Published: January 30, 2013
Tags: Confrontation Clause, Crawford v. Washington, expert witness
The Confrontation Clause barred a forensic pathologist from expressing opinions regarding an autopsy that he did not perform, the New Mexico Supreme Court has ruled in reversing a murder conviction.
Evidence of prior Ford Windstar fires inadmissible
Published: January 24, 2013
Tags: breach of implied warranty, expert witness, negligence, product liability, wrongful death
A product liability plaintiff could not introduce evidence of previous electrical fires in Ford Windstar vans to show that the car manufacturer failed to adequately warn consumers of the hazard, the Virginia Supreme Court has ruled in affirming judgment.
‘Lost profits’ expert excluded in breach-of-contract case
Published: December 6, 2012
Tags: breach of contract, expert witness, lost profits
An expert could not testify that a plaintiff would have been “extraordinarily successful” had the defendant not breached the parties’ contract in support of a claim for over $1 billion in “lost profits” damages, the California Supreme Court has ruled.
Expert improperly testified on defendant’s guilt
Published: August 21, 2012
Tags: expert witness
An expert witness for the prosecution should not have been permitted to testify that there was no doubt in his mind the defendant was engaged in drug trafficking, the Wyoming Supreme Court has ruled in reversing a conviction.
Prempro expert could testify regarding short-term use
Published: July 30, 2012
Tags: breast cancer, Daubert, expert witness, hormone replacement therapy, Prempro, Wyeth
Product liability plaintiffs should have been permitted to introduce expert testimony linking the short-term use of Prempro to a risk of breast cancer, the 8th Circuit has ruled in reversing a summary judgment.
Child abuse experts can’t testify on repressed memory
Published: July 27, 2012
Tags: expert witness, fraud, negligence, repressed memory, sexual abuse, statute of limitations
Experts in a child sex abuse case could not testify on repressed and recovered memory to explain the plaintiff’s delay in filing his personal injury lawsuit, the Minnesota Supreme Court has ruled in reinstating a dismissal.
J&J’s experts improperly limited in pelvic mesh suit
Published: June 8, 2012
Tags: expert witness, pelvic mesh litigation, product liability
Johnson & Johnson should not have been barred from retaining as an expert any doctor who had treated one of the hundreds of plaintiffs in a mass tort action over pelvic mesh injuries, the New Jersey Appellate Division has ruled in reversing a pretrial order.
Asbestos expert can’t advance ‘any dose’ theory
Published: May 31, 2012
Tags: expert witness, mesothelioma, product liability
A plaintiff’s expert in a product liability case could not testify that each and every fiber of inhaled asbestos is a substantial contributing factor to any asbestos-related disease, the Pennsylvania Supreme Court has ruled in affirming judgment.
Redefining expert witness credibility for juries
By:
Richard Gabriel
Published: April 9, 2012
Tags: expert witness, expert witnesses, jury
Juries routinely dismiss expert testimony due to credibility problems, incomprehensibility, or simply because it is cancelled out by another expert’s testimony.
This leads to a number of important questions for the attorney and the expert in presenting testimony at trial. What exactly is credibility? Is an expert an advocate? How objective is an expert supposed to be?
Plaintiff must produce psychologist’s expert report
Published: January 11, 2012
Tags: Discovery, expert witness, negligence
A plaintiff seeking damages for psychological injuries was required to produce for discovery the report of a psychologist retained for trial, in addition to the report of the psychologist who treated her, the Oregon Supreme Court has ruled in affirming judgment.
