Expert witness in standard of care testimony was excluded by lower court based on qualifications. The court of appeals confirmed this opinion, but overturned lower court opinion in substituting another expert. Facts: This case (Preston et al. v. Amadei – Court of Appeals of Arizona, Division One – August 27th,…
Appeals court affirms opinion of district court that experts’ testimony was not scientifically reliable. However, the court does set precedent on differential diagnoses to support general and specific causation. Facts: This case (C.W. and E.W., by Guardians and Next Friends Adele A. Wood and Jason A. Woon v. Textron, Inc-…
Insurance expert’s testimony in breach of contract and bad faith action were partially allowed (based on industry customs and practice) and partially denied (based on pronouncements of law). Facts: This case (Gebremedhin et al v. American Family Mutual Insurance Company – United States District Court – District of Colorado –…
Appellant in case challenged numerous rulings from Post Conviction Relief Act (PCRA), some related to testimony of DNA experts. The Court upheld these rulings. Facts: The core of this case (Commonwealth of Pennsylvania v. Stephen Treiber – Supreme Court of Pennsylvania – Eastern District – August 17th, 2015) involves an…
District court excluded pharmacist expert witness testimony based on unreliable methodology. The Circuit court reversed. Facts: In this case (Shan Kovaly v. Wal-Mart Stores Texas, L.L.C. – United States Court of Appeals for the Fifth Circuit – August 12th, 2015), the plaintiff (Kovaly) was discharged from the hospital two days…
Written by Bob Rose and Robyn Porterfield: Organizational psychologists are often asked to look at sexual harassment cases. It is hard to imagine that any business today does not recognize the need to deal with sexual harassment at work. Nevertheless, there are still companies that feel that sexual harassment cases…
Expert witness called to testify in criminal prostitution case is allowed by federal district court. Appeals court confirms. Facts: This case (US v. Kevin Fuertes – United States Appeals Court for the Fourth Circuit – August 18th, 2015) involves the arrest and prosecution of two individuals (Fuertes and Ventura) who…
A circuit court’s allowance of expert witness testimony in hospital relocation case is confirmed on appeal. Facts: This case (Colbert County Northwest Alabama Health Care Authority d/b/a Helen Keller Hospital v. RegionalCare Hospital Partners, Inc., RCHP-Florence, LLC d/b/a North Alabama Medical Center, and the State Health Planning and Developmental Agency…
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…