CPA Expert Witness: Novel Damage Analysis Unreliable The US District Court South Carolina in The Turfgrass Group Inc. v. Carolina Fresh Farms, Civil Action No. 5:10-cv-00849-JMC March 14, 2013, dealt with a CPA expert using a “novel” damage analysis in a patent case. The court rejected a disgorgement of profits theory stating: Here, Davis renders… read more

The court, in Finn v. BNSF RAILWAY COMPANY, Dist. Court, D. Wyoming 2013, dealt with a car accident in Casper, Wyoming. The court rejected the motion to exclude the testimony of the biomechanics expert witness testifying on the issue of accident reconstruction. The court stated: The Court will move directly to the issue of reliability since… read more

The court, in BOMBARDIERE v. SCHLUMBERGER TECHNOLOGY CORPORATION, Dist. Court, ND West Virginia 2013, dealt with the proposed expert testimony of a “toxicologist.” The court excluded his testimony in part due to his lack of candor on his CV and also his methodology. The court stated: This Court has serious reservations concerning Dr. X’s qualifications… read more

The US District Court Indiana in the case of, Lopez v. BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, Dist. Court, ND Indiana 2013, dealt with how much was a reasonable deposition fee for a tire expert witness, Bozarth. The court rejected the proposed $3,000 fee finding it was 3x his normal hourly rate. The court rejected the… read more

Court Finds Age Discrimination Expert Witness’s Testimony Admissible   In Equal Employment Opportunity Commission v. Exxon Mobil Corporation the US District Court for the Northern District of Texas has ruled that an industrial and organizational psychology expert witness possessed statistical expertise and should have his testimony admitted. The Court concluded:   The EEOC seeks to… read more

In Russell v. Whirlpool Corporation the US Court of Appeals for the Eight Circuit has ruled that a fire causation expert witness’s testimony was reliable because of his fire scene investigation expertise and the reliable methodology he used. The Court reasoned:   In the context of fire investigations, we have held expert opinions formed on… read more

The court in US v. Wexler, 522 F. 3d 194 – Court of Appeals, 2nd Circuit 2008 dealt with a dermatologist charged with massive Medicare fraud.   In 1992, Wexler began submitting bills to Medicare for treatments he purportedly performed on Barry Abler. As early as April 1992, Wexler submitted bills to Medicare for various… read more

  The US District Court ND Illinois in 840 F.Supp,2d 1072 (2012) dealt with a motion to disqualify an expert witness for using confidential information he learned in a prior arbitration proceeding.   In the case at bar, Allstate submitted to Electrolux a report pursuant to Federal Rule of Civil Procedure 26(a)(2)(B) which, appropriately, included… read more

The Texas Court of Criminal Appeals in Coble v. State, 330 SW 3d 253 – Tex: Court of Criminal Appeals 2010 dealt with a gruesome capital murder trial. The court dealt with the testimony of the forensic psychiatrist, Coons, on future dangerousness.   The court rejected the testimony finding that it failed under Daubert/Kelly.  … read more

Failure to Prepare Psychiatric Expert Witness is Ruled Ineffective Counsel   The US Court of Appeals in Wilson v. Sirmons, 536 F. 3d 1064 – Court of Appeals, 10th Circuit 2008, dealt with a death row inmate seeking a writ of habeas corpus.   The court stated:   Trial counsel’s preparation for the sentencing phase,… read more