‘Extrapolation’ evidence inadmissible in DUI case 
Published: January 5, 2012
Tags: drunk driving, expert witness
Prosecutors in a drunk driving case could not introduce scientific evidence of the defendant’s blood alcohol level at the time of his accident that was predicated on the results of a blood test taken more than two hours later, the Nevada Supreme Court has ruled in affirming judgment.
Informed consent suit fails without expert testimony
Published: December 20, 2011
Tags: expert witness, informed consent, medical malpractice
An informed consent plaintiff was required to produce expert testimony showing it to be more likely than not that the undisclosed greater risk of nerve damage from back surgery proximately caused his chronic pain, the Ohio Supreme Court has ruled in reinstating a directed verdict.
Evidence of battered woman’s syndrome admissible
Published: December 9, 2011
Tags: battered woman's syndrome, expert witness
A woman charged with the first degree murder of her husband should have been permitted to introduce evidence that she suffered from battered woman’s syndrome, West Virginia’s highest court has ruled in reversing a conviction.
New York jury awards plaintiff $1.5M in PI case
Published: November 22, 2011
Tags: expert witness
Late last month a New York jury awarded plaintiff Walter J. Nary $1,571,000 as a result of a 2009 accident. Nary was struck from behind while at a stop light and was subsequently diagnosed with acute lumbar spine injuries.
Expert can’t say Prozac caused murder-suicide
Published: August 8, 2011
Tags: Eli Lilly, expert witness, interlocutory order, product liability, Prozac
An expert in a product liability suit could not express the opinion that Prozac was the cause of a murder-suicide, the 10th Circuit has ruled in affirming judgment.
Nurse can’t testify as expert in Hepatitis C cases
Published: August 3, 2011
Tags: causation, expert witness, Hepatitis C, medical malpractice
A nurse was not qualified to render an expert opinion that improper cleaning and disinfection techniques caused an outbreak of Hepatitis C at an endoscopy clinic, the Nevada Supreme Court has ruled.
Plaintiff’s expert can’t testify in Prempro case
Published: July 25, 2011
Tags: breast cancer, expert witness, hormone replacement therapy, Premarin, Prempro, product liability, Provera
A treating physician could not testify as an expert in a product liability lawsuit alleging that the plaintiff’s breast cancer was caused by her ingestion of hormone replacement therapy drugs, a U.S. District Court in West Virginia has ruled.
CONFRONTATION CLAUSE
Published: June 28, 2011
Tags: Confrontation Clause, Crawford v. Washington, DNA, expert witness
Were a rape defendant’s Confrontation Clause rights violated when an expert witness for the state was permitted to render an opinion based on the results of a DNA analysis performed by a private laboratory?
Justices take up Confrontation Clause violation in rape case
Published: June 28, 2011
Tags: Confrontation Clause, Crawford v. Washington, DNA, expert witness
The U.S. Supreme Court will decide whether a rape defendant’s Confrontation Clause rights were violated when an expert witness for the state was permitted to render an opinion based on the results of a DNA analysis performed by a private laboratory.
Accident reconstruction video inadmissible
By:
Pat Murphy
Published: March 31, 2011
Tags: accident reconstruction, expert witness, negligence
A personal injury defendant should not have been allowed to introduce a video that purported to reconstruct a rail yard accident, the 11th Circuit has ruled in granting a new trial.
