PricewaterhouseCoopers has just released its Daubert Challenges to Financial Experts:An 11-year study of trends and outcomes, which surveys federal cases since the U.S. Supreme Court’s 1999 Kumho Tire decision expanded Daubert’s reach to financial experts. Highlights of this year’s report include:
* This past year (2010) saw the most challenges and the second highest exclusion rate for all expert witnesses during the past 11 years (2000-2010).
Read more: bvwirenews.com.
The Supreme Court failed to uphold a California law banning the sale of violent video games to children on June 27, citing the First Amendment right to free speech. Professor Craig Anderson, distinguished professor of psychology and director of ISU’s Center for the Study of Violence, has contributed extensively to a large body of research showing a definitive link between exposure to violent media and aggressive behavior. Though he has served as an expert witness in similar cases, he did not take part in this one.
Read more: iowastatedaily.com.
A motorcyclist who was participating in a protest ride against helmet laws died after he flipped over the bike’s handlebars and hit his head on the road. Philip A. Contos, 55, lost control of his bike, smashed his head on the pavement and died near Syracuse, N.Y. “The medical expert we discussed the case with who pronounced him deceased stated that he would’ve no doubt survived the accident had he been wearing a helmet,” said state Trooper Jack Keller.
Read more: dailymail.co.uk.
Procter & Gamble won a big victory in its defense of dozens of lawsuits over its Fixodent products. A federal judge in Miami threw out the lead case in a series of lawsuits that claimed using the denture cream caused nerve damage.
U.S. District Court Judge Cecilia Altonaga did not rule on the merits of the plaintiffs’ claims. But she ruled that the expert witnesses the plaintiffs planned to call would not be permitted to testify. Their opinions, she ruled, were not based on enough scientific evidence and so she would not allow them to present their theory to a jury – that the zinc in Fixodent caused harm.
Read more: cincinnati.com.
Auto insurance claims expert witnesses may write reports and testify on issues involving insurance claims, insurance adjusters, insurance agencies, and more. In Tips and Strategies to Deal with Insurance Companies an attorney contributing to auto-insurance-claim-advice.com writes:
Consumers are often surprised when the insurance company:
* Gives them a low total loss evaluation * Fixes their car with USED parts * Cuts their rental car early * Gives them a low bodily injury settlement * Devaluates their pain and suffering * Denies coverage on questionable investigations * Attributes fault to the wrong driver As an ex-claim adjuster, now an attorney, I learned how the insurance claim process works and how you can protect your rights and get compensation for your damages. Insurance companies train adjusters to be hard negotiators in just about every aspect of a claim (whether you know it or not).
In the wrongful death suit involving University Central Florida football player Ereck Plancher, the jury has awarded the family $10 million in damages. The jury found the UCF Athletic Association negligent in Plancher’s death.
Plancher collapsed and died following off season conditioning drills at the UCF football complex on March 18, 2008. Orange County medical examiner Joshua Stephany and three experts hired by the Plancher family attorneys testified Plancher died from complications of sickle cell trait.
Read more: sun-sentinel.com.
Trucking expert witnesses may write reports and testify on federal motor carrier safety regulations, the truck manufacturing industry, qualifications of truck drivers, and related topics. Transport Topics offers trucking and freight transportation news and this week reports:
A new, higher speed limit in Kansas could cause safety problems if trucks are governed at lower speeds than the new limit, the head of the state’s trucking association said. Kansas set a new 75 mph speed limit on rural stretches of some interstate highways and other freeways effective July 1, its Department of Transportation said in a release.
The new limit applies to all vehicles on the highway, though trucks with speed limiters would still travel slower than other highway traffic, said Tom Whitaker, executive director of the Kansas Motor Carriers Association.
A Pueblo district judge disqualified two expert witnesses in the attempted-murder trial of Robert Bruce, one of whom was an expert in the field of propane gas. District Judge David Crockenberg ruled that the Pueblo, CO, district attorney’s office failed to provide notice and share the results of the experts’ testing with Bruce’s defense team in a timely manner.
Bruce is set to go on trial July 19 for attempting to blow up the home of Pueblo police officer Nathan Pruce on Oct. 6, 2009.
Read more: chieftan.com.
Accident reconstruction expert witness Sgt. Billy Richmond testified in the murder trial of Glenn Doneghy, 34, accused of hitting and killing officer Bryan J. Durman April 29, 2010. Richmond, supervisor of the collision reconstruction unit that investigates serious-injury and fatal crashes, explained why a re-enactment of the crash was performed last month – more than a year after the collision.
Several officers who investigated the collision testified in Fayette Circuit Court, KY, about evidence they found linking murder defendant Glenn Doneghy’s vehicle to the crash.
Read more: http://www.kentucky.com.
Insurance expert witnesses may write reports and opine on property insurance, homeowner’s insurance, and insurance companies. President Obama has nominated an insurance expert to further fill out the new Financial Stability Oversight Council (FSOC). The White House announced Friday that the president intends to nominate Roy Woodall, a former state insurance commissioner and Treasury Department official, to serve as an insurance expert on the council.
Read more: thehill.com.
