Articles Posted in Expert Witness Testimony

The Idaho Supreme Court reversed the district court and allowed neurosurgery expert witness Dr. Edward Smith to testify in a case involving a woman who fell into a coma after receiving an infusion of chemicals through a catheter instead of an intravenous line due to a nursing error. Weeks vs. Eastern Idaho Health Services.

The Idaho Supreme Court, in an opinion written by Chief Justice Gerald Schroeder, noted that Dr. Smith was a neurosurgeon of considerable experience. He therefore qualified as an expert witness, the court decided.

As reported in Legal Newsline:

Prior to Daubert v. Merrell Dow Pharmaceuticals, the courts allowed scientists to play gatekeeper by deciding what was good science–permissible in the courtroom–and what wasn’t. However, in 1993, the Supreme Court ruled in Daubert that judges and not scientists should not be the ultimate arbiters of the quality of science.

Many argue that since Daubert, respected expert witnesses (especially chemistry experts, pharmaceutical experts, toxicolgy experts, and other scientists) have seen their legitimacy questioned, even rejected, by judges who may know very little about the subject. Critics of Daubert argue that some plaintiffs, especially those in toxic tort cases, might find it harder to win their case against large corporations without having scientists who can testify on their behalf.
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The New York Press Republican reported that expert witness testimony was allowed from a handwriting expert regarding disguised writing samples:

A prosecution expert witness testified Thursday that accused murderer Edward Dashnaw tried to disguise his handwriting in samples given to police. Dashnaw is charged with the December 2005 stabbing deaths of David and Lorraine Donivan of Schuyler Falls.

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The Northeastern Pennsylvania Times Leader reported that a federal court will allow an immigration expert witness to testify in case involving the Hazelton Pennsylvania Illegal Immigration Relief Act.

As stated in the news report:

The trial, which begins on Monday, will determine the constitutionality of the city’s Illegal Immigration Relief Act, which seeks to punish landlords and employers who knowingly rent to or hire illegal immigrants.

The city was issued a win in pretrial motions on Sunday when [Judge] Munley ordered that the city can have an expert witness – Jan Ting, a professor of law at Temple University’s Beasley School of Law – testify in the trial.

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