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

Nurse Practitioner Expert Witness not Qualified to Testify About Medical Standards of Care and Causation   In Hamilton v. Pike County, Kentucky the US District Court for the Eastern District of Kentucky has ruled that a correctional system medical care expert witness was not qualified to testify about standards of care and causation because she… read more

Ladder Design Expert Witness Testimony Excluded as Outside Metallurgical Engineering Expertise   In Kuzmech v. Werner Ladder Company the US District Court for the District of Connecticut ruled that a ladder design expert witness’s testimony should be excluded for lack of substantiation and use of unreliable methods. The Court reasoned: Although [name of expert] is… read more

Vocational Disability Expert Witness Testimony Excluded as Outside of Medical Expertise   In Ashford v. Wal-Mart Stores, LP the US District Court for the Southern District of Mississippi has ruled that a neurosurgeon expert witness was not qualified to testify about a plaintiff’s occupational opportunities. The Court reasoned that:   It is not apparent that… read more