Bank of New York faces $22 billion lawsuit in Russia Aug 4, 2008
The Bank of New York will have until October to prepare expert testimony in defense of a more than $22 billion lawsuit brought by Russian authorities against the bank for one of the largest money laundering scandals of recent memory. Using a novel legal theory on choice of law, a group of trial attorneys from Miami working on contingency fees with the Russian government is seeking damages from the bank under American anti-racketeering statutes, though they are asking a Russian court to hear the... (International Herald Tribune -- Business)
Mental health and substance abuse cases in the District Courts Jul 29, 2008
In each of these situations, judges make their decisions only after a hearing at which the person is represented by counsel and after evaluating expert testimony provided by mental health clinicians. Hearings for individuals who are already confined at mental health hospitals are usually conducted at the hospitals rather than requiring that they be transported to the courthouse. (Belmont Citizen Herald, MA)
Law Firms Held Liable for Fees in 'Tissue of Lies' Patent Suit Jul 23, 2008
That was the earliest date, the judge said, Abelman Frayne should have realized expert testimony the firm planned to use to support Bauer's claim had been contradicted by testing. "By persisting with this claim to trial, Abelman counsel played a central role in so unreasonably and unnecessarily multiplying the proceedings so as to give rise to bad faith litigation," the judge said. (Law.com)
Friendly fire killed soldier: Khadr defence Jul 19, 2008
Omar Khadr's defence team says it has expert testimony indicating the soldier he is accused of killing died as a result of injuries inflicted by an American grenade ... Bill Kuebler, Khadr's Pentagon-appointed attorney, said the expert testimony has helped complete the "first coherent version" of the firefight. (Calgary Herald)
Miami Doctor Sentenced to 41 Months in Prison for Medicare Fraud Jul 13, 2008
At trial, expert testimony revealed that prescribing compounded aerosols as treatment for COPD is unnecessary because commercially available medications can be used to treat the disease. Medicare beneficiaries testified that they were paid every month to accept delivery of the unnecessary medication, as well as the DME. Both the medication and the equipment were paid for by Medicare. (PR Newswire)
Judge Tosses $27 Million Award in Hormone Drug Lawsuit Jul 13, 2008
"Since Dr. Parisian testified as to the bottom line without any explanation, failed to provide expert analysis, testified beyond limitations established by pretrial orders, testified in areas beyond her expertise, and invaded areas that required no expert testimony, most of Dr. Parisian's punitive damages testimony should have been excluded," Wilson wrote in his order. Wilson said that without Parisian's testimony, Scroggin did not present a "clear and convincing standard" required for punitive... (Law.com)
Man jailed on pot charges Jul 13, 2008
" The defense's work in this case is easy--present medical expert testimony which states that 8 ounces was necessary to alleviate the symptoms of the people Kinney was transporting for.Chuck: You seem to be saying that you do drugs illegally--as in without a prescription card. Moreover, you might consider that all drugs, including marijuana, have idiographic effects. Some painkillers work for some people, but not all. Maybe THC does not work for you, but that does not mean it does not work for... (Montana Standard, MT)
RIAA's letters may turn into court dates Jul 13, 2008
The copyright infringement penalty for one song is $750, so the RIAA settlement for $3,000 is oftentimes more affordable than if the issue were taken to court, which could cost thousands of dollars more for expert testimony, he said. "The RIAA is notably harsh as far as depreciations," Schiflett said. (The Daily Texan, TX)
Teacher Shot in Rampage Testifies at Williams Trial Jul 13, 2008
And the jury will also hear expert testimony from a psychiatrist who has repeatedly found Williams to be sane and competent for trial. - WCAX News. (WCAX.com, VT)
Volker: "A Far Different Reality" Jul 2, 2008
It seems likely that plaintiffs will argue that additional expert testimony is required. They will also search the entire record for every comment UC has made about the grade beam and its purposes. (GoCyberBears.com)
Landis loses final appeal to retain '06 Tour title Jul 1, 2008
"Moreover, the Panel is surprised that such serious allegations should be pursued in the closing brief when it must have been clear at the end of the hearing that there was no evidential basis from expert testimony or otherwise to support them.". The decision comes just six days before the start of the 2008 Tour. (SportsIllustrated.CNN)
Bob Dylan makes Supreme Court debut in dissent Jun 30, 2008
"The correct rule on the necessity of expert testimony has been summarized by Bob Dylan: 'You don't need a weatherman to know which way the wind blows,"' a California appeals court wrote in 1981, citing "Subterranean Homesick Blues." Eighteen other decisions have cited that lyric. Multimedia. (International Herald Tribune)
Human rights complaint against Maclean's dismissed Jun 29, 2008
He said there was "compelling evidence of hate and expert testimony" to support their case, had it been allowed to move forward. The complainants have argued that Maclean's forced them to act because the magazine wouldn't print their response. (CTV.ca)
Apologies key tool for prosecutors Jun 27, 2008
Jurors cited the apology and expert testimony as key factors in their verdict. Joseph, now serving 25 years to life in prison, is a Capital Region example of a defendant convicted not only because he confessed, but also for showing remorse. (Albany Times Union)
Valley legislators learn gas line lessons Jun 26, 2008
Don Benson, a member of the Alaska Natural Gas Development Authority board of directors, told the lawmakers he supports TransCanada's bid after sitting through most public hearings and expert testimony in recent weeks. AGIA, meant to woo a pipeline builder, worked exactly as intended, he said. (Anchorage Daily News)
Judge to review hotel decision Jun 26, 2008
"... the city heard no expert evidence that contradicted the expert testimony presented by (Wendler)," according to court documents filed by her attorneys. In April, Wendler appealed the Historic Architectural Review Board's decision to the City Commission and lost. (The St. Augustine Record)
Gillibrand stunned that speculation not driving up oil prices Jun 26, 2008
It didn t make sense based on expert testimony we ve heard the past couple of weeks. Gillibrand said she favors more oversight from Congress, possibly in the form of legislation forcing the CFTC to take more aggressive action against market abuses. (Hudson Register Star, NY)
Brattle Group Principals Estimate That an FCC Auction of TV 'White Space' Would Generate Between $9.9 and $24.4 Billion Jun 26, 2008
The Brattle Group provides consulting services and expert testimony in economics and finance to corporations, law firms, and public agencies worldwide. We are active in a wide range of areas including antitrust and competition, valuation and damages, and regulation and planning in network industries. (Yahoo! Wire -- Entertainment News)
Banner strip-mine hearing starts with expert testimony Jun 25, 2008
Expert testimony will focus on how the strip mine would affect the ground-water supply and wildlife, he said. Christine Zeman, an attorney for Capital Resources, said the permit process was careful and that DNR didn't make a mistake in granting the permit. (Canton Daily Ledger, IL)
Pennichuck Corporation Names New CFO Jun 20, 2008
During his professional career, Mr. Leonard has also provided expert testimony on various utility regulatory matters. Commenting on Mr. Leonard's hiring, Duane C. Montopoli, Pennichuck's President and Chief Executive Officer, said, ``We are extremely pleased to have attracted to Pennichuck someone of Tom's outstanding background in public accounting and experience with publicly traded companies and regulated utilities. (Primezone Releases)
Court Sets Aside Conviction in Lobbying Scandal Jun 18, 2008
Safavian's lawyers had wanted to present favorable expert testimony on how government contracting professionals view having business or working with the GSA.. The appeals court sent the case back for a new trial on two counts and part of another count that charged Safavian with lying because it said U.S. District Judge Paul Friedman erred in excluding that testimony. (Newsmax)
Appeals court reversed ruling in shaken-baby cases Jun 15, 2008
In the ruling hand 00002926 ed down Friday, the appeals court ruled that now-retired Greenup circuit court judge Lewis D. Nicholls erred when he barred prosecutors from introducing expert testimony on shaken-baby syndrome. Prosecutors were unable to bring the defendants, Raymond Martin and Christopher A. Davis, to trial as a result of the judge's ruling. (FOX19.com, OH)
Killer caged Jun 14, 2008
"While Mr. Yellowknee is highly criminalized, he is not a psychopath," he said, referring to expert testimony from a prior sentencing hearing. "Starting today, you have a chance to reform yourself," Walter added. (Edmonton Sun)
Expert: Eyewitness testimony can be hard to gauge Jun 13, 2008
However, Ebbesen testified the cases were overturned by several different variables such as destroyed evidence and inaccurate blood expert testimony. Bishop then said the National Institute of Justice would not have created a manual on the subject unless the institute felt there was a valid reason to create such guidelines. (Ontario Argus Observer, OR)
Online Pharmacy Ordered to Pay FTC $15.8 Million Jun 12, 2008
"The court is persuaded that the defendants' failure to combat the FTC's expert testimony with anything more than a vague reference to 50 paragraphs is the equivalent of sending the court on a snipe hunt through the defendants' evidence," Pannell wrote. "It is not the role of the court to pinpoint the defendants' evidence for them.". (Law.com)
ACCESS: Patients often struggle to obtain records Jun 12, 2008
Charles Phillips, an emergency physician from Fresno who provides expert testimony for plaintiffs in court cases, believes thousands of Americans simply give up the fight to get complete copies of their medical records after a problem occurs with their care, because doctors, hospitals and their lawyers can make the process so difficult. Even when records are provided, they sometimes are obscured, Phillips says, a practice he calls "wrecking" a medical chart. (USA Today -- News)
9th Circuit Taps Special Prosecutor for Toxic-Tort Case Jun 10, 2008
Nolan added that he wants to present expert testimony on the level of responsibility Girardi held in a case that relied on co-counsel in Nicaragua to play a primary role. Lack, of , and Girardi, of , began organizing the class action in 2000. (Law.com)
Taser's stock hurt by 1st lawsuit loss in death of California man Jun 10, 2008
"We do not believe the jury's decision is supported by the facts presented during trial, including expert testimony of world-class experts who testified on the scientific and medical evidence," spokesman Steve Tuttle said via e-mail. Taser plans to appeal the decision, Tuttle wrote. (AZCentral -- Business)
Alaska gardener sledgehammers poaching porcupine Jun 7, 2008
The and the report on expert testimony to legislators on the gas pipeline proposal. Some legislators sounded an optimistic note. (Anchorage Daily News)
R. Kelly PI: Witness Wanted Hush Money Jun 6, 2008
Also on the stand for the defense today was forensic video analyst Charles Palm, who was called to rebut the expert testimony of Grant Fredericks, who testified last week that, in his opinion, the copy of the sex tape authorities used to go after Kelly was not doctored and that it would take a massive amount of time to put it together. (He couldn't say for sure, however, that the very first incarnation of the tape was the real deal. (E! Online)
LETTERS: NCT, June 1, 2008 Jun 2, 2008
" Hard to imagine real scientists who are unwilling to consider other data, or facts.. but, that's what they wrote. With this mindset, this particular elite journal has decided not to publish science that does not express their viewpoint. The reviewers at Science then preclude any other data, by jealously guarding their own personal theories. Publishing in an elite journal brings with it fame, prestige, and yes... money. These other scientists must publish somewhere, so they find a journal to... (North County Times)
Mole, doctored-video defenses take hits at Kelly porn trial Jun 2, 2008
Kelly's attorneys will still have a chance to try and revive their mole defense when they start calling their own witnesses within a few weeks, but the most recent expert testimony for the prosecution seemed to make their task more difficult. During May 20 opening statements, defense attorney Sam Adam Jr. was emphatic on the question of the mole. (Freeport Journal-Standard, IL)
Attorney General's Office Challenges PSE's Proposed Rate Hike Jun 2, 2008
In expert testimony to be filed with the state Utilities and Transportation Commission (UTC), Public Counsel's experts concluded that a reasonable revenue increase for PSE should be limited to $4. 3 million from electric rates and $7 million from increased gas rates. (Q13.com, WA)
Ecological globalization Jun 1, 2008
Since its founding in 1915, ESA has promoted the responsible application of ecological principles to the solution of environmental problems through ESA reports, journals, research, and expert testimony to Congress. ESA publishes four journals and convenes an annual scientific conference. (EurekAlert!)
Ex-Forest Service cop fights off-road abuse May 27, 2008
In March, he gave expert testimony at a congressional oversight hearing on "The Impacts of Unmanaged Off-Road Vehicles on Federal Land," a panel which asked follow-up questions earlier this month. Off-road vehicle traffic almost doubles on holidays like Memorial Day, Gregory said. (Atlanta Journal-Constitution -- Metro)
Firms flock to videoconferencing as climate change concerns, business travel costs soar May 26, 2008
Court witness and expert testimony from distant locations. Business to business product development meetings. (EurekAlert! -- Business News)
* The science of economic irrationality May 25, 2008
The manager of the restaurant, John, is called on to provide expert testimony. Poor man, there is a lot at stake: his own professions interests, as well as serious academic inquiry. (Taipei Times, Taiwan -- World)
Moral backlash over sexing up of our children May 22, 2008
When Gale pointed out that Lumby had provided expert testimony for adultshop. com, and questioned whether she accurately reflected community standards in her role as a member of the Advertising Standards Board, Lumby was outraged, firing off a letter and attachment to be affixed to that day's Hansard. (Sydney Morning Herald -- Opinion)
It's a great day for sport. I think this day is going to go down in history for the equality of disabled people." May 17, 2008
The court came to a decision after hearing expert testimony from Pistorius's camp and from the IAAF, the governing body of track and field, on April 29 and 30 in Lausanne, Switzerland. It published its opinion Friday. (International Herald Tribune)
Willet Dairy Responds May 15, 2008
Plaintiffs have offered no expert testimony or testing data to support their theory that Willet Dairy has caused any alleged contamination. The New York State Department of Environmental Conservation has stated that "no scientific proof has been provided which indicates that the farm has caused contamination of groundwater and residential drinking water wells." On multiple occasions, the Cayuga County Health and Human Services Department has also conducted tests and informed the plaintiffs that... (Ithaca Times, NY)
When his best friend is Jose...Cuervo May 13, 2008
For those of you who have been in relationships with alcoholics, your expert testimony is valuable today. Categories. (Atlanta Journal-Constitution -- Living)
Breaking News May 3, 2008
Expert testimony in a pretrial hearing this morning stressed the court should view the testimony of Tyler Edmonds, 18, with caution ... Circuit Court Judge Lee Howard said he d rule at a later date on his decision around allowing the expert testimony. (Columbus Commercial Dispatch, MS)
Jury ordered sequestered for Miller trial, change of venue pondered May 3, 2008
At issue also was whether Miller's defense team will use expert testimony on his mental capacity. Turner has given the defense until a hearing scheduled May 15 to reveal to the court whether it will use such testimony. (Gonzales Ascension Citizen, LA)
Key bus crash civil trial postponed again May 3, 2008
A trial in the most central civil lawsuit arising out of the October 2005 Chi-Hi band bus crash has been postponed again, due to the death of a witness who gave expert testimony in the criminal trial last year. The lawsuit filed by the family of Branden Atherton, the University of Wisconsin-Eau Claire student killed in the crash, was scheduled to start in Chippewa County Court in June. (Chippewa Falls Chippewa Herald, WI)
Proposed wind farm attracts more critics at zoning board May 3, 2008
PEKIN - Zoning Board of Appeals members sat through four-and-a-half hours of expert testimony opposing the creation of a wind power plant in Tazewell county. Those in attendance at a special hearing Thursday night heard threats of falling property values and unknown levels of sound pollution, allegedly caused by the presence of wind turbines. (Pekin Times, IL)
Medical records disclosure pushes attempted murder trial to September May 2, 2008
He said all expert testimony at trial will be based on care given after the scans were taken, not the interpretation of them. McCluer said the county attorney s office hasn t asked for everything. (Winona Daily News, MN)
Kentucky Speedway appeal labels NASCAR as 'monopolist' May 2, 2008
U.S. District Judge William Bertelsman in Covington dismissed the Speedway's 2005 lawsuit after disallowing its expert testimony. An expert should have applied a certain well-established test of NASCAR's pricing power to determine if Nextel Cup satisfied the requirements of a relevant market, he said, and since that test wasn't applied properly, its experts' analyses were thrown out. (Cincinnati Business Courier, OH)
Film review: '88 Minutes' drags on for an eternity Apr 20, 2008
The countdown runs simultaneously with the execution of a brutal serial murderer/rapist (ice-eyed Neal McDonough), who nine years earlier was convicted solely on the basis of Pacino's expert testimony. We soon learn that Pacino may have fabricated his testimony, the convict may be innocent, the crank calls may be coming from a copycat killer, and the story's many red herrings may be getting a little fishy. (San Diego Union-Tribune)
FCC holds hearing on Internet access Apr 19, 2008
And some members of the public, commenting in an open forum after the expert testimony, disputed the notion of staggered prices for Web access. The "pay-to-play" premise hurts community-news providers, which rely on the Internet for information, according to Erica Bridgeman of Berkeley-based radio station KPFA.. (Palo Alto Online, CA)
Review: The longest 88 Minutes of your life Apr 19, 2008
At the trial of Jon Forster (Neal McDonough), Pacinos superstar forensic psychiatrist Dr. Jack Gramm gives dazzling expert testimony that not only puts Forster behind bars but gets him the death penalty. advertisement. (MSNBC -- News)
'Two-beer defence' shot down in court ruling Apr 19, 2008
However, in a testy rebuke to the majority, Madam Justice Marie Deschamps said, "I find it highly troubling and offensive for a court to impeach an expert's credibility by dismissing post-offence testing, without an indication that the testing conditions were inadequate, on the basis that it does not adequately replicate the conditions at the time of interception. "Testing conditions are in the domain of experts, not of the courts," Judge Deschamps said, writing on behalf of Mr. Justice Ian... (Globe and Mail)
Colby Cosh on banning the hakapik: Cruelty in the name of optics Apr 19, 2008
The expert testimony on this subject is fairly clear, which is why animal-rights groups have joined the sealers in coming out against the hakapik ban. The Canadian Veterinary Medical Association started sending official observers to both major theatres of the seal hunt about 30 years ago, and their observations were compiled in a 2002 paper for the Canadian Veterinary Journal. (National Post)
'88 Minutes' Apr 18, 2008
Gramm's expert testimony convicted Jon Forster (Neal McDonough) but now, on the eve of frying, comes news of another killing that exactly matches Forster's M.O. -- and the victim is one of Gramm's students. 88 Minutes. (Pittsburgh Post-Gazette, PA)
88 Minutes you won't get back -- plus another 20 Apr 18, 2008
Someone is arrested for the crimes, and Dr. Gramm's expert testimony helps win our serial killer the death penalty. Flash-forward nine years, to the present day. (Winnipeg Sun)
Title Wave: Have you done your reading? Apr 16, 2008
He also has given expert testimony in court. Pex was an instructor at Southwestern Oregon Community College and with Oregons police academy. (Coos Bay-North Bend The World, OR)
Turner denies request for sanity commission in Miller murder retrial Apr 12, 2008
Turner did give Miller's defense team until May 15 to reveal to the court whether it will use expert testimony on Miller's mental capacity, which, for now, leaves the door open for the prosecution to have its own evaluation of Miller. Miller changed his plea to guilty by reason of insanity during a hearing before Turner April 2 in Gonzales. (Gonzales Ascension Citizen, LA)
Wilson scheduled for pretrial release today Apr 12, 2008
In Schilling's ruling he said there is no expert testimony of Wilson's mental state or anything in the record presented to the court at the bond review to show he has a history of mental or emotional problems. Wilson has never missed a hearing concerning the animal torture charge or any proceeding dealing with his children. (Fort Madison Daily Democrat, IO)
The Capture of Ted Bundy Apr 12, 2008
Expert Testimony Seals Most Famous Bite Marks Case ... Expert Testimony of Forensic Dentist ... The expert testimony of forensic odontologist (dentist) Dr. Richard Souviron regarding the bite marks found on Lisa Levy, was crucial in securing Bundy s conviction and subsequent execution. (Suite101.com)
Father: Child's case shifts autism debate Apr 11, 2008
This concession was granted without any courtroom proceedings or expert testimony, effectively preventing any public hearing discussing what happened to Hannah and why. Contrary to some reports, the Special Masters, "judges" who preside over the "vaccine court," did not issue a decision. (Atlanta Journal-Constitution -- Opinion)
Violent video games held to be free speech Apr 8, 2008
That decision acknowledged a psychologist's expert testimony that violent video games frequently lead to aggressive behavior, yet inexplicably rejected it, noting instead that a high school principal who testified was unable to prove that violent video games cause psychological harm to teens who play them. A similar decision by the 7th U.S. Circuit Court of Appeals, American Amusement Machine Association v. Kendrick, considered an ordinance that would have prevented arcade owners with five or... (Human Events Online)
Masters: My conviction based on 'psychobabble' Apr 7, 2008
" But the technique does have its supporters. David LaBahn, director of research and development for the National District Attorneys Association, said prosecutors generally use profiles and expert testimony to help explain to a jury deviant behavior that is "beyond the normal experience. " Why would someone mutilate a woman's genitals, for example? "In order to prove a case beyond a reasonable doubt, there has to be more," LaBahn said. "How many different things link the case to the individual... (CNN)
New data fails to quiet cholesterol drug debate Mar 31, 2008
The company noted that Krumholz had been paid to give expert testimony in a trial against Merck involving its recalled pain drug Vioxx, and said it posed a conflict. Dr. Marc Shelton, who chaired the ACC's scientific meeting and hand-picked Krumholz for the panel, said Krumholz had fully disclosed his involvement in the Merck trial. (Scientific American)
Kan. City Man Guilty of Killing 6 Women Mar 28, 2008
But Jackson County Circuit Judge John R. O'Malley acknowledged the case was full of conflicting expert testimony and "small pieces of circumstantial evidence.". Blair had agreed to be tried before a judge instead of jury in return for prosecutors agreeing not to pursue the death penalty. (San Francisco Chronicle -- Crime)
3rd Circuit: Warnings Expert Not Needed Mar 27, 2008
In its 29-page opinion in , a unanimous three-judge panel found that the lower court's decision to bar the plaintiff's sole expert -- and later to dismiss the case for lack of expert testimony -- was premised on a faulty application of the U.S. Supreme Court's 1993 decision in Daubert v. Merrell Dow Pharmaceuticals Inc.. The ruling revives a suit brought by Jose Pineda, a mechanic who claims he was seriously injured while replacing the rear glass on a Ford Explorer because Ford had failed to... (Law.com)
No deal for Nacchio Mar 27, 2008
In a 2-1 decision, the 10th Circuit found that U.S. District Court Judge Edward Nottingham improperly excluded expert testimony by Daniel Fischel, former dean of the University of Chicago Law School ... The court reasoned that had Fischel been allowed to offer his expert testimony, the jury's decision would have been different ... Trial judges are afforded significant discretion to disallow expert testimony that is unreliable, prejudicial, or irrelevant. (Boulder Colorado Daily, CO)
