A lower court ruling excluded two neurologists as experts who were called on to testify on ALS being caused by a traumatic event. The court confirmed one exclusion, but overturned the other. Facts: This case (Carol J. McClue and Dan L. McClue v. Safeco Insurance Company of Illinois – Montana…
Expert witness was called to testify on her counseling sessions with the child. Her testimony did not qualify to meet standards under Rule 702. Facts: This case, (Berenice Vega Ostos v. Jose Alfredo Vega – United States District Court for the Northern District of Texas – Dallas Division – June…
Plaintiff’s expert witness testified on the standard of care in the performance of a cervico-cerebral angiogram. After a challenge, the testimony was said to establish an element of causation. Facts: This case (Jessica Marie Muniz v. United States of America – United States District Court – Northern District of Alabama…
Defendants convicted of mail and wire fraud and money laundering involving a coin sales scheme appealed a decision by lower court. The appeal was denied. Facts: This case (United States of America v. Michael Romano, et al – United States Court of Appeals, Second Circuit – July 27th, 2015) involves…
The court overturned the Georgia Court of Appeals and decided that an expert testifying on the standard of care in a medical malpractice case was allowed under Georgia Rule of Evidence 702(c)(2)(A) and (B). Facts: This case (Dubois et al v. Brantley et al – Georgia Supreme Court – July…
Plaintiff’s expert witness testified in this case involving asbestos exposure. The motion to exclude his testimony was denied. Facts:: This case (Sally Gros Vedros v. Northrop Grumman Shipbuilding, inc., et al – June 25th, 2015 – United States District Court – E.D. Louisiana) involves secondary exposure to asbestos. The plaintiff’s…
An expert testified on many aspects of a case involving a pedestrian struck by tractor-trailer. His opinions related to human factors were partially allowed. Facts: This case (Raymond K. Jones v. Beelman Truck Company – United States District Court, Eastern District of Missouri – June 9th, 2015) involves a motor…
Nursing expert was qualified to testify on risk management procedures and quality control in hospitals, but not qualified to testify on issues regarding nephrology or dialysis. Facts: The case (Morris v. Davita Healthcare – U.S. District Court of Colorado – May 28th, 2015) concerns the ongoing monitoring and quality control…
The Federal Trade Commission has reached a settlement resolving the antitrust suit charging Cephalon, Inc. with illegally blocking generic competition to its sleep disorder drug Provigil. Teva Pharmaceutical Industries, Ltd. will make a total of $1.2B available to compensate purchasers, including drug wholesalers, pharmacies, and insurers, who overpaid because of…
A Northern District of Illinois jury ruled in favor of defendants ExxonMobil and Owens-Illinois and against plaintiff Charles Krik. The retired pipefitter claimed his lung cancer was caused by exposure to asbestos from the 1970 to the 1990s while working in refineries in Illinois and Indiana where asbestos was present.…