Supreme court expert testimony. Medical search. Frequent questions

The Supreme Court reviewed the trial court's finding that Isquith did not apply his methodology to the facts of the case. (expertwitnessblog.com)
The basis for the supreme court's action has nothing to do with the substantive merits of the court of appeals' decision. (wisbar.org)
The case made its way back to the Supreme Court, which agreed with the trial court's vacatur of Long's conviction. (criminallegalnews.org)
The Supreme Court's focus on the State's appeal was not on whether defense counsel should have presented expert testimony as to time of death "but on whether the investigation supporting counsel's decision not to consult a time-of-death expert was itself reasonable. (criminallegalnews.org)
The Maine Supreme Court upheld the trial court's decision to dismiss the witnesses, stating that there were no abuses of discretion. (duicentral.com)
In DFC Global , Chief Justice Strine expressed strong criticism about the way the Court of Chancery had developed its discounted cash flow analysis as well as the lower court's decision to calculate fair value by giving equal weight to the result of its DCF analysis, its multiples-based comparable company analysis, and the transaction price. (bvresources.com)
The High Court's message came through loud and clear: When a merger is the result of a robust market check, the Court of Chancery would do well to resist the urge to ignore the collective judgment of market participants and should not try to develop a DCF analysis that seeks to reconcile two frequently widely divergent expert valuations. (bvresources.com)
Find out more about the Supreme Court's analysis in Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd. here . (bvresources.com)
Agreeing with the trial court's reliance on Zip Lube , the court reasoned that the plaintiff expert's deposition testimony and subsequent affidavit created a clear contradiction, not a mere discrepancy. (hinshawlaw.com)
Henry Schwarzschild, former director of the ACLU's Death Penalty Project, said the Supreme Court's final, preemptive order was "not only injudicious but also a profoundly unjudicial response. (prisonlegalnews.org)
5. A finding of equivalence is a determination of fact to be made by the trial court, and the trial court's decision should not be disturbed unless clearly erroneous. (justia.com)
The supreme court affirmed but remanded to determine if the circuit court's $16.6 million price "includes more than is called for in the right of first refusal contract. (wisbar.org)
The Supreme Court's docket is only illustrative. (issues.org)
For example, in the personal injury case Delisle v. Crane, Florida's Supreme Court upheld the trial court's admission of expert medical testimony regarding whether the plaintiff's cancer was caused by exposure to asbestos. (meadenmoore.com)
The legislature's amendment was unconstitutional, the court said, because it encroached on the court's authority to establish procedural rules. (meadenmoore.com)
Welte based much of his ruling on the U.S. Supreme Court's holding in Thornburg v. Gingles . (courthousenews.com)
A defendant in a products liability case that failed to object to the verdict sheets and the trial court's accompanying instructions, waived the ground upon which it requested a judgment notwithstanding the verdict in its post-trial motion, the state Supreme Court has ruled. (patla.org)
After the Supreme Court's decision in Kumho Tire v. Carmichael and the recent amendment of Federal Rule of Evidence 702, proffers of expert testimony will have to be found reliable for the particular application of the asserted expertise to the "task at hand. (ssrn.com)

The employ of expert witnesses in litigation is typically undertaken to help the decider of fact (judge or jury) decipher an area of specialized knowledge which is key to the case. (experts.com)
If you are a retained expert witness or an attorney using an expert what are the rules for expert witnesses? (experts.com)
Citibank of the US and credit card company Diners Club International have instituted proceedings to gag possible witnesses in a 'phantom ATM' withdrawal case that is before the Durban High Court. (itweb.co.za)
The Durban Supreme Court requested expert witnesses from the UK to provide testimony. (itweb.co.za)
It wants any of the potential 13 witnesses requested by the defence to either be excused from testifying or give their testimony in private. (itweb.co.za)
The court appointed counsel who apparently failed to hire expert witnesses who could testify about the standard of care. (prisonlegalnews.org)
Brief argues that counsel's failure at sentencing phase to present witnesses who would have corroborated the history of abuse, and expert testimony on battering (rather than only the expert's report) prejudiced defendant, especially since the prosecutor exploited the lack of such evidence in arguing for death sentence. (ncdbw.org)
To combat this ambiguity, plaintiffs and defendants have turned to expert witnesses. (j-source.ca)
Expert witnesses, on the other hand, feel their testimony adds to these cases and helps the jury understand journalism's standards. (j-source.ca)
In cases where there is a certain level of complexity, [expert witnesses] can be useful," says Marc-FrançoisBernier, professor at the University of Ottawa and a journalism ethics specialist who's also worked an expert witness. (j-source.ca)
What was more important, the government wanted to use fingerprint identification testimony to shore up a case based almost entirely on cooperating witnesses who implicated my client after pleading guilty. (americanbar.org)
In April, we called attention to a case transferred to the Supreme Court of Missouri after the Court of Appeals reversed a defense verdict in a medical malpractice action because the defending doctor had been allowed to call too many expert witnesses for his side. (lexblog.com)
The B.C. Supreme Court ruled against legalizing private health care today following a landmark trial that lasted three-and-a-half years and involved more than 100 witnesses. (ubc.ca)
Since Daubert, and the subsequent 1999 Supreme Court decision in Kumho Tire Co. vs. Carmichael clarified that the Daubert criteria for challenges to expert witnesses extended to non-scientific experts, the number of challenges to expert witnesses rapidly increased, with a high degree of successful exclusions. (hgexperts.com)
One of those cases was of particular significance in that it established the admissibility of IRMS (isotope ratio mass spectrometry) based expert testimony having satisfied the US Federal Rule of Evidence (FRE)702 'Testimony by Expert Witnesses' in the State of Colorado. (bvsalud.org)

The Texas inmate whose attorneys say received a death sentence due to false and unscientific expert testimony faced execution, Thursday evening, Nov. 9, 2023, for fatally stabbing an Amarillo man during a robbery more than 33 years ago. (everythinglubbock.com)
Nov 2023 In August 2021, the BVI Commercial Court handed down judgment on liability in favour of the Claimants against seven directors of Vanway for carrying out a fraud on the minority shareholders, in selling the assets of. (jdsupra.com)
On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. (jdsupra.com)
Sen. Dick Durbin, D-Ill., chairman of the Senate Judiciary Committee, leads a hearing in response to recent criticism of the ethical practices of some justices of the Supreme Court, at the Capitol in Washington, Tuesday, May 2, 2023. (click2houston.com)

As to the other evidentiary issue - a firearms expert's testimony Heyward's pistol was operational at the time of the crimes - we affirm the court of appeals' ruling that if there was any error in the admission of that testimony it did not prejudice Heyward. (sclawyersweekly.com)
However, a noncomplying expert report can wreak havoc on a case, increase costs or worse, have the expert's testimony precluded in whole or part from use at trial. (experts.com)

Wendy Wen Yun Chang and Frederick J. Ufkes , partners in the Los Angeles office of Hinshaw & Culbertson LLP, authored the article, "Supreme Court clarifies role of trial judge in determining admissibility of expert testimony," which was published in the January 2013 issue of the California Bar Journal . (hinshawlaw.com)
He is a frequent speaker on issues affecting complex multi-party litigation, including admissibility of expert testimony, case management strategies and trial tactics. (hinshawlaw.com)
In federal court, the admissibility of expert testimony is governed by the strict Daubert standard. (meadenmoore.com)
In ruling on the admissibility of expert testimony, a trial judge must determine "whether the reasoning or methodology underlying the testimony is scientifically valid, and … whether that reasoning or methodology properly can be applied to the facts in issue. (meadenmoore.com)
Often, the admissibility of expert testimony can make or break a case. (meadenmoore.com)

702. Moreover, to be admissible, expert testimony must be "not only relevant but reliable. (justia.com)
Finally, and most significantly, plaintiff failed to submit admissible expert testimony on causation. (hinshawlaw.com)
The trial court granted summary judgment to Merrell finding that the petitioners' evidence did not meet the "general acceptance" standard needed for admissible expert testimony. (ama-assn.org)

provided expert witness testimony as required. (wikipedia.org)
The Daniel Buffington Dilemma: Does His Expert Witness Testimony Satisfy Daubert? (prisonlegalnews.org)

702. In Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court instructed courts to function as gatekeepers, and determine whether expert testimony should be presented to the jury. (justia.com)
In the matter of Daubert v Merrell Dow Pharmaceuticals the Supreme Court was asked to "determine the standard for admitting expert scientific testimony in a federal trial" [1]. (ama-assn.org)

In a case that hinged on the time of death to convict the defendant, the Supreme Court of California granted habeas corpus relief where defense counsel failed to obtain an expert to testify on the time of death. (criminallegalnews.org)
A proffered expert witness is qualified to testify by virtue of his or her "knowledge, skill, experience, training, or education. (justia.com)
Having established the basis for relevancy, Blackmun then turned his attention to reliability and Rule 702, which says that, "a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise" [8]. (ama-assn.org)
So, if the defence pleads "responsible communication," the plaintiff will look for an expert to testify that one day is not nearly enough time to allow for verification. (j-source.ca)
This dictates the steps you must take to ensure that your experts are permitted to testify. (meadenmoore.com)
In addition to his own testimony, the doctor put on four other physician-experts to testify in his favor. (lexblog.com)
Durbin had invited Chief Justice John Roberts to testify at Tuesday's hearing, but he declined, saying that testimony by a chief justice is exceedingly rare because of the importance of preserving judicial independence. (click2houston.com)
in issue, a witness qualified as an expert by knowledge, skill, experience, training or education, may testify thereto in the form of an opinion or otherwise, if the testimony is based upon sufficient facts or data, the testimony is the product of reliable principles and methods, and the witness has applied the principles and methods reliably to the facts of the case. (hgexperts.com)
Biomechanics expert qualified to testify about amount of force as a result of low-velocity collision, Superior Ct. (patla.org)
Anita Hill was brought to Congress in 1991 to testify against the nomination of Thomas to the Supreme Court. (lu.se)

The defendants expert explained to the court that for many test applications, one looks for a "normative" group, which is a representative group of "normal" individuals. (expertwitnessblog.com)
The defendants challenged Isquith's testimony stating that the tests used were not suitable for evaluating Somali Bantu refugees and that the way he administered the tests and interpreted the results was unreliable. (expertwitnessblog.com)
MEMORANDUM OPINION AND ORDER re 184 SEALED MOTION Defendants' Daubert Motion to Exclude Testimony of Plaintiff's Expert Keith R. Ugone on Disgorgement Damages filed by Golden Gate National Senior Care, Fillmore Strategic In vestors, LLC, Fillmore Strategic Management, LLC, Fillmore Capital Partners, LLC, Alixa Rx LLC. (justia.com)
Defendants Daubert Motion to Exclude Testimony of Plaintiffs Expert Keith R. Ugone on Disgorgement Damages (Dkt. (justia.com)
184). After reviewing the relevant pleadings, the Court denies Defendants' motion. (justia.com)
ANALYSIS Defendants move to exclude the testimony of Dr. Keith R. Ugone, Tech Pharmacy's expert on disgorgement damages. (justia.com)
The Eighth Circuit Court of Appeals affirmed the grant of summary judgment for the defendants in a civil rights lawsuit alleging they were deliberately indifferent to a prisoner's serious medical needs. (prisonlegalnews.org)
According to the supreme court, "defendants assigned such a high value to the Ripon Property in part due to the unique synergies the Ripon Property would provide to United's business," based on location and railroad car loading capacity. (wisbar.org)
Criminal courts consider the scientific validity of, say, DNA sampling or voiceprints, or expert predictions of defendants' "future dangerousness," which can lead courts or juries to authorize or withhold the punishment of death. (issues.org)

After rounds of appeals and postconviction challenges were denied, Long eventually convinced the California Supreme Court in a habeas corpus petition that she was entitled to relief. (criminallegalnews.org)
The California Supreme Court found that counsel's failure to investigate the time of death without the assistance of an expert in the field "was the result of inattention, not reasoned strategic judgment. (criminallegalnews.org)
After appeals to the district court of California and the ninth circuit court of appeals, the Supreme Court agreed to consider the expert testimony question. (ama-assn.org)
Not long after I joined, Dorsey partner Steve Wells needed help working on a preliminary injunction motion in federal court in California. (minnlawyer.com)
3106.) The court found that defendant was a narcotics addict or in imminent danger of becoming addicted, and committed him to the custody of the Director of Corrections for confinement in the California Rehabilitation Center (§ 3300 et seq. (stanford.edu)

The Texas Court of Criminal Appeals on Tuesday had dismissed an appeal on that issue without reviewing the merits of the argument, saying the claim should have been raised previously. (everythinglubbock.com)
We are deeply disturbed that the (appeals court) refuses to address the injustice of allowing Brent Brewer to be executed without an opportunity to challenge Dr. Coon's false and unscientific testimony," one of Brewer's attorneys, Shawn Nolan, said afterward. (everythinglubbock.com)
In a published decision, the court of appeals agreed with the defendant's position. (wisbar.org)
The supreme court has ordered the court of appeals to withdraw this decision. (wisbar.org)
Rather, the supreme court concluded that the defendant's motion to voluntarily dismiss the appeal, which was filed before the court of appeals' decision was dated and filed, 'operated to automatically dismiss his appeal with no further action needed from the court of appeals. (wisbar.org)
2d 959, 542 N.W.2d 143 (1996), where this court held that the court of appeals may not refuse to dismiss an appeal when an appellant notifies the court of voluntary dismissal of the appeal pursuant to Wis. (wisbar.org)
Stat. § (Rule) 809.18 prior to the court of appeals' issuance of a decision on the merits of the appeal. (wisbar.org)
6) Accordingly, said the supreme court, the court of appeals' decision in this matter must be withdrawn. (wisbar.org)
The court of appeals affirmed his conviction. (wisbar.org)
California's execution of Robert Alton Harris - the state's first execution in 25 years - has highlighted tension between the U.S. Supreme Court and the Ninth Circuit U.S. Court of Appeals over the death penalty appeals process. (prisonlegalnews.org)
For the Supreme Court to respond angrily to claims that were significant enough to have been taken seriously by federal appeals court judges was "offensive to the legal profession and certainly to the judicial calling," Mr. Schwarzschild said. (prisonlegalnews.org)
Prior to the Daubert decision, most courts relied on the 1923 DC court of appeals decision in Frye v the United States when determining the admissibility of expert scientific testimony. (ama-assn.org)
The appeals court ruled that the circuit court properly set the price at which Country Visions could exercise its right of first refusal, but remanded to determine if the price included personal property because the right of first refusal contract did not include personal property. (wisbar.org)
I went to Northwestern Law School, and immediately after graduating I was a law clerk to Judge Joel Flaum on the Seventh Circuit Court of Appeals. (minnlawyer.com)
The court then made a second order of commitment identical to the first, and defendant appeals therefrom. (stanford.edu)
In DiGiacomo v. Teamsters Pension Trust Fund of Philadelphia and Vicinity, a panel of the Third U.S. Circuit Court of Appeals ruled that ERISA "prevents pension plans from denying credit for pre-ERISA service time accrued prior to a break-in service. (patla.org)
Court of Appeals of Ohio,Twelfth District, Fayette County. (findlaw.com)
1} Defendant-appellant, Ronald Gragg, appeals his conviction in the Fayette County Court of Common Pleas for complicity in the illegal possession of chemicals for the manufacture of drugs, complicity to theft, and breaking and entering. (findlaw.com)

Defendant filed suit against the union and BIW on plaintiff's behalf in federal district court for breach of the collective bargaining agreement and discrimination, although plaintiff alleged that he had a viable retaliation claim. (hinshawlaw.com)
The trial court granted summary judgment in defendant's favor, concluding that plaintiff failed to prove causation for several reasons. (hinshawlaw.com)
Plaintiff appealed and argued that (1) the trial court applied the incorrect malpractice standard, (2) expert testimony was not required, (3) causation presents a jury question, and (4) plaintiff's expert's affidavit established prima facie evidence of causation. (hinshawlaw.com)
The court further found that the plaintiff lacked the required expert testimony to establish that plaintiff would have prevailed but for the defendant's alleged negligence. (hinshawlaw.com)
Ultimately, without competent evidence of negligence, the fact-finder could only speculate about causation ( i.e. , that the plaintiff would have prevailed in the underlying litigation but for the defendant's alleged negligence), and thus the expert opinion could not suffice to escape summary judgment. (hinshawlaw.com)
But, 'when the plaintiff starts calling an expert … it almost becomes imperative for the defence to do the same," Rogers says. (j-source.ca)
According to court records, prior to the 2021 redistricting, plaintiff Turtle Mountain Band of Chippewa Indians had its own state legislative district, known as District 9, as did plaintiff Spirit Lake Tribe, District 23. (courthousenews.com)
If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from September 27, 2013. (bankrupt.com)
Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. (bankrupt.com)

Twice, in 2017, the Delaware Supreme Court struck down statutory appraisal rulings by the Delaware Court of Chancery that dismissed the importance of the market price. (bvresources.com)

Expert witness was challenged on the type of tests used to assess neuropsychological deficits after plaintiffs were exposed to lead paint. (expertwitnessblog.com)
In order to prove their case, the plaintiffs hired Peter Isquith ( neuropsychology expert witness ) to opine whether the plaintiffs had any neurological deficits that were more likely than not caused by the lead paint exposure. (expertwitnessblog.com)
The trial court agreed, stating that the plaintiffs failed to prove that 1) Isquith's testimony was the product of reliable methodology and 2) Isquith reliably applied the methods to the facts of the case. (expertwitnessblog.com)
1. The Circuit Court should have granted the relief requested by plaintiffs in light of its findings of fact and its conclusions of law that Lincoln County schools are inadequate under the `thorough and efficient' constitutional standard of the State of West Virginia. (justia.com)
2. The Circuit Court should have granted the relief requested by plaintiffs in light of its findings that significant disparities exist among West Virginia counties in the quality and extent of educational services provided, thus constituting a violation of equal protection and due process principles safeguarded by the West Virginia Constitution. (justia.com)
If "climate science" was "on trial," as dozens of headlines proclaimed, then the plaintiffs' team of climate scientists (including one Nobel Prize winner) who provided expert testimony won a convincing victory. (prospect.org)
Later, Professor Elzinga testified in Brooke Group v. Brown & Williamson (1993), a landmark case in which the Court ruled, consistent with Professor Elzinga's testimony, that plaintiffs must show actual harm to both competitors and consumers from alleged predatory pricing. (cornerstone.com)
Both the plaintiffs and defendant relied on their own expert testimony and reports. (courthousenews.com)

As to the leg shackles, we find the trial court erred in failing to exercise its discretion in determining whether Heyward should be required to wear leg shackles in the presence of the jury. (sclawyersweekly.com)
Regarding the leg shackles issue, the trial court made no effort to assess whether the shackles were necessary, nor to ensure the jury could not see them. (sclawyersweekly.com)
And without expert testimony, no jury could conclude that Kosinski or Wiley made decisions that do not meet a physician's standard of care or caused Redmond's condition to worsen. (prisonlegalnews.org)
The sophisticated medical question here is not within the common understanding of the jury or the court. (prisonlegalnews.org)
When discussing relevance, Blackmun recommended that the judge be able to answer the question, how does this testimony help the jury resolve the case? (ama-assn.org)
As Blackmun parenthetically notes, "…another aspect of relevancy-is whether expert testimony proffered in the case is sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute" [10]. (ama-assn.org)
Brief argues that trial court erred by instructing jury it could not consider expert testimony on battering in its determination of the reasonableness of defendant's fear when she shot decedent. (ncdbw.org)
The question at issue was whether allowing four defense experts to give opinions on causation was prejudicially cumulative because it invited the jury simply to count heads in reaching its conclusions. (lexblog.com)
The court refused the requests, and instructed the jury instead that they could find addiction by a preponderance of the evidence and a three-fourths verdict. (stanford.edu)
A district court should not make credibility determinations that are reserved for the jury. (hgexperts.com)
2014): Simply put, "[t]he district court is not tasked with deciding whether the expert is right or wrong, just whether his testimony has substance such that it would be helpful to a jury. (hgexperts.com)

Courts act as gatekeepers of expert testimony "to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field. (justia.com)
When evaluating Daubert challenges, courts focus "on [the experts'] principles and methodology, not on the conclusions that [the experts] generate. (justia.com)
Diners Club International has brought an application to the British courts requesting that any expert testimony from current or former employees at Citibank`s Farnborough facility should be held in camera so that trade secrets are not revealed. (itweb.co.za)
No further stays of Robert Alton Harris' execution shall be entered by federal courts except upon order of this court," the Supreme Court said, with Justices Harry A. Blackmun and John Paul Stevens dissenting. (prisonlegalnews.org)
Judge Reinhardt asked: "Is it proper for the Supreme Court to issue an order denying all other federal courts the ability to exercise the power given them, not by the Supreme Court, but by law? (prisonlegalnews.org)
Another Ninth Circuit judge, John T. Noonan, wrote an "oped" article for The New York Times accusing the Supreme Court of requiring lower federal courts to place a state's schedule for an execution above the obligation of a federal court to exercise its jurisdiction in a case that has been brought properly before it. (prisonlegalnews.org)
The short and citation-free opinion said that, "while courts will go a long way in admitting expert testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained acceptance" [3]. (ama-assn.org)
1. This Court affirms the finding of the two courts below that, under the doctrine of equivalents, certain flux claims of Jones patent No. 2,043,960, for an electric welding process and for fluxes, or compositions, to be used therewith were infringed. (justia.com)
He has also appeared as counsel before the federal and provincial appeal courts and the Supreme Court of Canada. (bennettjones.com)
Others had challenged fingerprint identification testimony before, but the courts widely rejected all of those challenges under a line of cases dating back at least 100 years. (americanbar.org)
For 70 years, federal courts turned to the Frye standard when deciding whether to admit expert testimony. (meadenmoore.com)
Fogel said he agreed with Roberts' explanation for how the Supreme Court is different from other federal courts and why it would be inappropriate to simply adopt the code of conduct applicable to all other federal judges. (click2houston.com)
However, courts are very special spaces ruled by particular ways in which testimonies have to be presented in order to conform to judicial definitions of harm, Kolankiewicz says, which may complicate the way victims have to share their experiences. (lu.se)

The Maine Supreme Judicial Court recently held that expert testimony based on supporting facts in the record was required to prove causation between an attorney's alleged negligence and the plaintiff's alleged injury. (hinshawlaw.com)
The trial court refused to consider plaintiff's expert's corrective affidavit on causation, which contradicted the expert's earlier deposition testimony. (hinshawlaw.com)
That some portions of their testimony "overlapped" on causation just wasn't enough to warrant excluding them altogether. (lexblog.com)

Although the Frye decision had been applied with some inconsistency in the years preceding Daubert due to the passage of the Federal Rules of Evidence, it remained the most widely accepted precedent for determining the acceptability of expert testimony [4]. (ama-assn.org)
Expert testimony may be excluded by a trial court under Rule 702 of the Federal Rules of Evidence only when it is either irrelevant or unreliable. (hgexperts.com)

This case ( Osman v. Lin - Supreme Court of New Hampshire - August 23rd, 2016 ) is an appeal from a trial court opinion. (expertwitnessblog.com)
The case was then appealed to the Supreme Court. (expertwitnessblog.com)
The court disagreed, stating that although the RIAS and NEPSY-II are used generally, they are not used specifically for the purpose of this case. (expertwitnessblog.com)
This condition was brought to the attention of the Maine Supreme Court in an appeal for a DUI case. (duicentral.com)
It was about the relevance of the expert opinions and the timing of the DUI case. (duicentral.com)
Recently, in the Dell case, the High Court affirmed its preference for the market price. (bvresources.com)
This case highlights the need for expert medical testimony to win in such cases. (prisonlegalnews.org)
These new initial disclosure requirements impose even greater obligations than those set forth in the federal rules, since parties in state court will now be required to identify the factual basis of a claim or a defense, legal theories (including case law), and anticipated expert testimony, at the onset of the case. (millercanfield.com)
Its decision in the case set standards that guide the admissibility of expert medical, as well as scientific, testimony. (ama-assn.org)
Justia › U.S. Law › U.S. Case Law › U.S. Supreme Court › Opinions by Volume › Volume 339 › Graver Tank & Mfg. Co. v. Linde Air Products Co. (justia.com)
Thus, depending on the terms of the right of first refusal contract and the facts of the case, a circuit court may set an exercise price that exceeds the appraised value of the burdened property. (wisbar.org)
After examining the case law, the supreme court rejected Country Vision's argument that a fair market price must be determined using a statutory three-tiered methodology of appraisals, which applies in cases involving taxation and eminent domain. (wisbar.org)
In my case, a 2009 pro bono court appointment in a federal drug prosecution, I dared to challenge a gold standard of so-called "scientific" evidence. (americanbar.org)
That case ended up going all the way up to the U.S. Supreme Court, and all along the way I got to be involved in the briefing and help prep for and observe the oral arguments. (minnlawyer.com)
I got to work on a second U.S. Supreme Court case with Steve and Dorsey partner Juan Basombrio a few years later, involving the Foreign Sovereign Immunities Act. (minnlawyer.com)
Juan argued that case, which also culminated in a 9-0 decision in our favor at the Supreme Court. (minnlawyer.com)
But as a general rule of thumb, our office is involved any time a case or filing enters or leaves the court. (minnlawyer.com)
The U.S. Supreme Court decided this landmark case in 1993. (meadenmoore.com)
Each expert opined on separate issues in the case. (lexblog.com)
OB/GYN cannot give testimony in negligence case against colorectal surgeon, Superior Ct. (patla.org)
Defendant that failed to object to verdict sheets in products case waives its request for j.n.o.v., Supreme Ct. (patla.org)
A trial court properly allowed a defendant's photographic evidence of minor vehicle damage without supporting biomechanical testimony in a personal injury case, a Philadelphia judge has ruled. (patla.org)

A recent ruling confirms judicial discretion to stay proceedings and instruct parties to seek non-court-based alternatives to litigation. (jdsupra.com)
In response to mass tort filings, we work with our clients to develop a national litigation strategy, coordinate multi-jurisdictional discovery, select and prepare experts, and identify critical bellwether cases for priority disposition. (cozen.com)
If libel litigation is going to see a flood of experts, the floodgates opened in December 2009 with the Supreme Court ruling on Grant v. Torstar . (j-source.ca)

Strickland recognizes that counsel's "strategic decision" about a defense plan can be insulated from IAC claims, like not hiring an expert. (criminallegalnews.org)
Brief reviews history of admission of expert testimony on battering, and argues that battering expert was wrongfully excluded as such testimony was needed for proper evaluation of prosecution evidence of defendant's purported "knowing and intentional" conduct and defense evidence of history of abuse by co-defendant. (ncdbw.org)
Brief by the Ohio Public Defender and the Ohio Association of Criminal Defense Lawyers on behalf of battered woman convicted of murder who gave notice of battering expert and was forced to undergo adverse examination by state expert. (ncdbw.org)
Brief argues that counsel was ineffective and defendant was severely prejudiced by counsel's failure to present corroborative lay evidence and that battering expert was necessary to assess self-defense elements and rebut misconceptions about battered women. (ncdbw.org)
Supreme Court grants certiorari to an alleged drug courier (challenging a federal drug conviction) because the prosecution used an "expert witness" to rebut her defense that she didn't know about the drugs that were hidden inside her car, which she said belonged to her boyfriend. (justia.com)
Defense expert in personal injury action must comply with discovery request to produce 1099 forms, Philadelphia judge rules. (patla.org)

In its 1999 decision in Kumho Tire Co. v. Carmichael, the Court clarified that similar principles apply to financial and other nonscientific expert testimony. (meadenmoore.com)

As to three of the evidentiary issues - the authentication of a fingerprint card, the admission of gruesome autopsy photographs, and the State's use of Heyward's alias - we find the trial court acted within its discretion. (sclawyersweekly.com)
While we accept the State's concession that the evidence was not relevant to the two crimes it argued, the admission of the investigator's testimony, if error, did not prejudice Heyward. (sclawyersweekly.com)
233). LEGAL STANDARD Federal Rule of Evidence 702 provides for the admission of expert testimony that assists the trier of fact to understand the evidence or to determine a fact in issue. (justia.com)
To claim error in the admission of cumulative portions of testimony, the objecting party must object "after each question seeking to elicit the objectionable testimony. (lexblog.com)
That is, expertise which is reliable in some global sense, which might apply to other cases but not to the particular application before the court, does not satisfy the requirements for admission. (ssrn.com)

First, the failure to oppose the statement of facts was not causally related to summary judgment because the federal court considered defendant's untimely statement of facts, but relied on the union's statement of facts anyway. (hinshawlaw.com)
10 ("When an interested witness has given clear answers to unambiguous questions, he cannot create a conflict and resist summary judgment with an affidavit that is clearly contradictory, but does not give a satisfactory explanation of why the testimony is changed. (hinshawlaw.com)
While the trial court erred in refusing to consider the self-contradictory affidavit, the error was harmless because the affidavit was deficient for summary judgment purposes. (hinshawlaw.com)
The district court granted the defendant's motion for summary judgment. (prisonlegalnews.org)
Both experts offered contradictory findings - which doomed Howe's request for summary judgment. (courthousenews.com)
Weighing expert testimony and reports and making fact decisions are fact issues to be resolved at trial," the judge wrote in a summary judgment order . (courthousenews.com)

The appeal was made to include expert testimonies that would help prove that said condition is a legitimate one (State v. Burbank, 2019 ME 37). (duicentral.com)
Brief argues court erred by finding that defendant needed to "prove" the abuse beyond her assertions, yet also finding that corroborative evidence withheld by the prosecution was not "material. (ncdbw.org)

Get the latest insights and industry updates from the investigative and forensic accounting experts at Meaden & Moore. (meadenmoore.com)
Objective: The implanting of rich autobiographical false memories is crucial for judicial decision making, and the forensic evaluation of a testimony. (bvsalud.org)
Conclusions: The implications of the results for forensic testimony evaluation, police interrogations, and judicial cross examination are discussed. (bvsalud.org)

In deciding whether to admit or exclude expert testimony, the Court should consider numerous factors. (justia.com)

She argued ineffective assistance of counsel ("IAC") because her lawyer had failed to consult with a time of death expert, among other claims. (criminallegalnews.org)
The Court of Appeal found that counsel was not ineffective and reinstated Long's conviction. (criminallegalnews.org)
The issue before the trial court was whether a time-of-death expert would have changed the outcome, had counsel sought one. (criminallegalnews.org)
Habeas counsel obtained two time-of-death experts, who both credibly refuted the State's expert that rigor could have set in "within minutes" of death. (criminallegalnews.org)
But the Court stressed that this is true only if counsel properly investigated whether an expert would be needed. (criminallegalnews.org)
Brief argues that battering expert was improperly precluded and counsel was ineffective for failing to present evidence of battering which was relevant to defendant's intent to kill. (ncdbw.org)
Appeal counsel to ATCO Gas and Pipelines Ltd., in the Supreme Court of Canada's 2006 landmark decision defending utility property rights against regulatory confiscation. (bennettjones.com)
Ultimately, the court is going to have to decide, but it has to have help, people would say," says Bert Bruser, media lawyer and counsel for the Toronto Star . (j-source.ca)
The Commissioner's Office is there to be counsel for the court. (minnlawyer.com)
Counsel objected at the outset that the experts' testimony would be cumulative. (lexblog.com)

The trial court held an evidentiary hearing on Long's claim, which largely went in her favor. (criminallegalnews.org)

The circuit court imposed the maximum confinement and extended supervision penalties for the Class E felony and then increased them by adding three years to the maximum term of confinement and two years to the maximum period of extended supervision because the defendant was a habitual offender. (wisbar.org)
They filed this action for declaratory judgment in the Circuit Court of Kanawha County on behalf of themselves and as a class action on behalf of the other students in the Lincoln County school system. (justia.com)
The Wisconsin Supreme Court (7-0) ruled that the circuit court did not err when it set an exercise price that was higher than an expert's appraised value. (wisbar.org)
April 30, 2021 - A party with a right of first refusal on agricultural land argued that a competing buyer's offer was purposely inflated to circumvent the party's right of first refusal, and asked the circuit court to set a an "exercise price" at fair market value. (wisbar.org)
Recently, in Country Visions Cooperative v. Archer-Daniels-Midland Company , 2021 WI 35 (April 21, 2021), the Wisconsin Supreme Court (7-0) ruled that the circuit court did not err when it set an exercise price that was higher than an expert's appraised value. (wisbar.org)
But Country Visions sued, requesting that the circuit court set the exercise price at $7.7 million, the estimated fair market value as asserted by an expert for Country Visions. (wisbar.org)
The circuit court determined the sale was a sham, but set the exercise price at $16.6 million and gave Country Visions 15 days to exercise its right of first refusal at that price. (wisbar.org)
Ultimately, the circuit court held a bench trial with expert testimony on value. (wisbar.org)
The circuit court ruled that the $20 million price that United paid was "a sham at an arbitrarily inflated price" designed to prevent Country Visions from exercising its right of first refusal. (wisbar.org)
But the circuit court accepted United's expert determination on value at around $16.6 million, not the $7.7 million appraisal value that Country Vision's expert assigned to it. (wisbar.org)
T]he goal of the circuit court when setting the exercise price for a right of first refusal is not to determine the fair market value of the burdened property," Justice Ziegler wrote. (wisbar.org)

evidence that [the victim] died before Long got home would have suggested that someone else committed the crime," the Court explained. (criminallegalnews.org)
Therefore, the only evidence the victim suffered "multiple blunt force injuries" to her head was the pathologist's testimony from her observations after reflecting the victim's scalp and the autopsy photographs corroborating the pathologist's testimony. (sclawyersweekly.com)
He presented no medical evidence that Hacker's actions did not meet a nurse practitioner's standard of care or that her alleged four-day delay in transferring him back to the hospital caused his wound to deteriorate," wrote the court. (prisonlegalnews.org)
Top experts participate in our projects, activities, and studies to examine and assemble evidence-based findings to address some of society's greatest challenges. (nationalacademies.org)
Our peer-reviewed reports present the evidence-based consensus of committees of experts. (nationalacademies.org)
Only last year, the US Supreme Court heard two cases that involved consideration of statistical evidence. (issues.org)
Just because a standard is memorialized in a state's evidence rules doesn't necessarily mean it will hold up in court. (meadenmoore.com)
The court applied the Frye standard - even though Florida's legislature had amended the state's evidence code five years earlier to incorporate the more rigorous Daubert standard. (meadenmoore.com)
It acknowledged an overly persistent drumbeat of expert testimony can potentially overtake the standard for legal relevance - a balance requiring that the probative value of the evidence outweigh any prejudicial effect admitting it will have. (lexblog.com)
Mangrum on Evidence - Professor R. Colin Mangrum in his annual one-day seminar on Nebraska evidence will highlight the new cases discussed in his treatise, Mangrum on Nebraska Evidence, which have been decided during the past year by the Nebraska Supreme Court. (creighton.edu)

Relying on Zip Lube, Inc. v. Coastal Savings Bank , the trial court held that the self-contradictory affidavit could not create a disputed issue of material fact given her clear, unambiguous answers in her deposition testimony. (hinshawlaw.com)

WASHINGTON - Senate Democrats promised Tuesday to pursue stronger ethics rules for the Supreme Court in the wake of reports that Justice Clarence Thomas participated in luxury vacations and a real estate deal with a top GOP donor. (click2houston.com)
Anita is a documentary about Anita Hill, the lawyer who challenged Clarence Thomas' nomination to the US Supreme Court, exposing the problem of sexual harassment to the world. (lu.se)
The Anita Hill hearing offers an interesting way of examining these issues, Kolankiewicz explains, because of the way Anita's identity as a black woman is treated in her testimony against Clarence Thomas. (lu.se)

Criticism of Frye, in particular its focus on consensus rather than scientific validity, led the Supreme Court in Daubert to establish a new test starting in 1993. (meadenmoore.com)

Judges on the Ninth Circuit issued four last-minute stays of execution for Harris, and the Supreme Court promptly rejected each claim made on his behalf and lifted each stay, with members of the court remaining awake throughout the early morning hours of April 21 to do so. (prisonlegalnews.org)
Observers on both sides of the issue said the order barring such actions by a lower court before they could occur was unprecedented, but disagreed about who was at fault, the Supreme Court or the Ninth Circuit. (prisonlegalnews.org)
Judge Stephen Reinhardt of the Ninth Circuit gave a speech at Yale Law School harshly criticizing the Supreme Court. (prisonlegalnews.org)

Superior Court upholds large products liability verdict in Luzerne Co. (patla.org)

The husband's expert did not specifically determine personal goodwill but on cross-examination admitted there was "some" of it in the business. (bvresources.com)
Having decided to use the Rules as the definitive standard for expert medical or scientific testimony, the Court understood that it then needed to provide some general guidelines to help judges determine the relevance and reliability of future expert testimony. (ama-assn.org)
It's up to the court to determine what was responsible given the circumstances," he says. (j-source.ca)
The court adjourned the prior proceedings and ordered that a petition be filed to determine whether defendant was a narcotics addict within the meaning of Welfare and Institutions Code section 3051. (stanford.edu)

Petitioner says the "expert" testimony violated Fed.R.Evid. (justia.com)

Accordingly, the Court reversed the judgment of the Court of Appeal, upholding the grant of habeas relief to Long by the trial court. (criminallegalnews.org)
MR. JUSTICE BLACKMUN announced the judgment of the Court and delivered an opinion in which MR. JUSTICE STEVENS joined. (justia.com)

Both parties appealed to the state Supreme Court. (bvresources.com)
The Michigan Supreme Court has adopted significant changes to several Michigan Court Rules, at the recommendation of the State Bar of Michigan Civil Discovery Rule Review Special Committee. (millercanfield.com)
Montana District Court Judge Kathy Seeley ruled that a provision of the Montana Environmental Policy Act infringed on the state constitution's grant of "inalienable rights" to a clean and healthful environment for Montanans. (prospect.org)
Experts can state their point of view, but it isn't necessarily the 'right' point of view. (j-source.ca)
So, it's critical to understand the applicable standard in state court. (meadenmoore.com)
North Dakota secretary of state Michael Howe based his argument on the work of M.V. Hood III, a political science professor at the University of Georgia, while the tribes stood behind their expert Loren Collingwood, a political science professor at the University of New Mexico. (courthousenews.com)
The Philadelphia Inquirer reports that the state Supreme Court ruled Monday that the owner and operator of Pier 34 South must face felony charges in the fatal collapse that killed three young women at a nightclub five years ago. (patla.org)
3} At trial, the state presented the testimony of Rodney Miller, the owner of the stolen anhydrous ammonia, and three deputy sheriffs. (findlaw.com)

While the rules are not new, the statement provided by Roberts said that the undersigned justices "today reaffirm and restate foundational ethics principles and practices to which they subscribe in carrying out their responsibilities as Members of the Supreme Court of the United States. (click2houston.com)
Instead of Roberts, senators heard testimony from five legal and ethics experts, including a former attorney general, Michael Mukasey, who served under President George W. Bush. (click2houston.com)

The trial court held a hearing and vacated her conviction, releasing her on bond pending a new trial. (criminallegalnews.org)

South Carolina has a "categorical rule" against the inclusion of personal goodwill in the marital estate, but only recently was the Supreme Court asked for the first time "whether enterprise goodwill can be a marital asset subject to division. (bvresources.com)
Retained expert reports in Colorado are governed by C.R.C.P. 26 (a) (2) (B) (I). The rule spells out the elements expert testimony need contain. (experts.com)
1 The rule also expressly limits witness direct testimony to matters disclosed in detail in the report. (experts.com)
In Catholic Health, the Colorado Supreme Court resolved the issue of whether preclusion was mandatory under C.R.C.P. 37 (c) (1) (it is not) and what need the trial court do when faced with a non-complying scenario under the Rule Changes of 2015. (experts.com)
The Supreme Court interpreted this rule in Daubert v. Merrell Dow Pharma. (hgexperts.com)

Regarding the fingerprint card authentication issue, the trial court acted within its discretion to admit a New Jersey fingerprint card as properly authenticated. (sclawyersweekly.com)
I dared to argue that everything we have been told about fingerprint examiners' ability to claim a match between a fingerprint deposited on a surface somewhere and a particular individual is without any real scientific basis, and that without an adequate showing of validity or reliability these claims should not be admitted as proper expert testimony. (americanbar.org)

A landmark U.S. Supreme Court decision establishing the law on expert testimony. (paulsonandnace.com)

The main issue that the trial court had with Isquith's methodology was that he was using tests that were not developed or validated for use in the Somali Bantu population. (expertwitnessblog.com)

Brewer's lawyers had alleged that a prosecution expert, Richard Coons, falsely claimed Brewer would be a future danger - a legal finding needed to impose a death sentence. (everythinglubbock.com)

3 Information not properly disclosed in expert reports provides a basis for the trial court to prevent expert testimony to opinions beyond those disclosures in detail in the initial report. (experts.com)
Michigan Court Rules 2.301 and MCR 2.302(A) have been amended to require parties to serve initial disclosures, similar to the initial disclosures required by Fed. (millercanfield.com)

Regarding the firearms expert testimony issue, we agree with the trial court that an investigator's testimony was relevant in Heyward's trial. (sclawyersweekly.com)
Regarding the autopsy photos issue, it made perfect sense for the trial court to find "high" probative value in the extent to which the photos corroborate a pathologist's testimony. (sclawyersweekly.com)
The test for determining reliability can adapt to the particular circumstances underlying the testimony at 2 issue. (justia.com)
According to the South Carolina Supreme Court, it's the issue of goodwill. (bvresources.com)
Judges on the high court may have experienced sleepless nights themselves recently in the face of a novel legal issue concerning enterprise goodwill. (bvresources.com)
To find out how the South Carolina Supreme Court resolved the issue, click here . (bvresources.com)
The outcome might have been different if the issue on appeal focused on specific parts of the experts' testimony alleged to be cumulative. (lexblog.com)
But that narrower issue was not perfected for appeal, according to the Court. (lexblog.com)

Designing a biological monitoring program to assess community exposure to chromium: conclusions of an expert panel. (cdc.gov)

During the trial, Bendectin's manufacturer, Merrell Dow Pharmaceuticals, called in an expert who relied upon published studies and reports to support its claim that Bendectin did not cause the birth defects. (ama-assn.org)

Another and equally important role is making available to opposing parties the conclusions and supporting documentation the expert relies upon in the report/testimony. (experts.com)

This column summarizes all decisions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline, which are digested elsewhere in the magazine). (wisbar.org)
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. (hgexperts.com)

Their comments showed how unlikely it is that Congress will pass legislation on the matter, with the parties worlds apart when it comes to the credibility of the Supreme Court, particularly after the seismic decision last June that overturned abortion rights. (click2houston.com)

Lawrence Smith [KC] is widely regarded as 'one of the finest utility experts in the country. (bennettjones.com)

The supreme court, in an opinion written by Justice Bablitch, also affirmed. (wisbar.org)
Writing the unanimous opinion for the Court (although there were 2 partial dissenters), Justice Blackmun explained the role of 2 key rules from the legislation. (ama-assn.org)
Thomas would go on to become only the second African American Supreme Court Justice. (lu.se)

The trial court excluded Isquith's testimony was not the product of reliable principles and methods. (expertwitnessblog.com)
The supreme court noted that the basic principles of rights of first refusal "become more complicated when the burden property is sold as part of a package deal with other real or personal property that is not subject to the right of first refusal. (wisbar.org)

The execution came hours after the U.S. Supreme Court declined to step in over the inmate's claims that prosecutors had relied on false and discredited expert testimony at his 2009 resentencing trial. (everythinglubbock.com)

In each of these two cases, we judges were not asked to become expert statisticians, but we were expected to understand how the statistical analyses worked. (issues.org)
Inc., as providing judges "some gatekeeping responsibility in deciding questions of the admissibility of proffered expert testimony. (hgexperts.com)

The expert is ultimately just rendering a point of view. (j-source.ca)
Ultimately, Thomas nomination to the Supreme Court is confirmed. (lu.se)

Under this standard, expert testimony is admissible if the expert's methods are generally accepted as reliable in the relevant scientific community. (meadenmoore.com)

In 2016, the Court of Chancery had created waves when it found the result of its own DCF analysis was the most reliable indicator of fair value and disregarded altogether the deal price due to what the court considered to be a flawed (albeit conscientious) sales process. (bvresources.com)

Analytical, Diagnostic and Therapeutic Techniques and Equipment3

Psychiatry and Psychology5

Anthropology, Education, Sociology and Social Phenomena12

Technology, Industry, Agriculture1

Humanities2

Information Science1

Named Groups2

Health Care9

Geographicals1

Court's18

Witnesses15

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Expert's testimony2

Admissibility of expert testimony5

Admissible expert testimony3

Witness Testimony2

Daubert v. Merrell Dow2

Testify10

Defendants9

California5

Appeals18

Plaintiff9

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Plaintiffs8

Jury11

Courts13

Causation3

Federal Rules of2

Case22

Litigation3

Defense6

19991

Admission5

Summary judgment6

Prove2

Forensic3

Deciding whether to admit1

Counsel10

Favor1

Circuit court11

Evidence10

Deposition1

Clarence Thomas3

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Ninth Circuit3

Verdict1

Determine4

Evid1

Judgment2

State8

Ethics2

Conviction1

Rule5

Fingerprint2

Landmark1

Methodology1

Prosecution1

Disclosures2

Issue8

Assess1

Merrell Dow Pharmaceuticals1

Conclusions1

Lawyer2

Decision1

Widely1

Justice3

Principles2

Inmate's1

Judges2

Ultimately2

Standard1

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