Prosecution Challenges Psychologist Testimony in Rape Case

Court room

The prosecution in a Santa Cruz, California rape case is challenging the credibility of a proposed defense expert on sexual consent. The Crime Christian Daniel Rodriguez, 29, of Watsonville, California is accused of raping and restraining a woman on September 11, 2015. Rodriguez is charged with five felonies: two charges of rape by force or […]

Medical Expert Opinion Ruled Admissible Despite Failure to Examine Patient

Bamboo stick massage

Dawn Dawsey sued Carnival and the company that provided spa services for a cruise she took, alleging that her hip was fractured when excessive force was used during a bamboo massage. Each party brought Daubert motions to exclude the expert testimony offered by the opposing party. The judge sensibly decided to admit all the expert […]

Expert Testifies SC Man Charged with Killing 5 Children Has Brain Defects

Human brain

A brain expert has testified that the Lexington, South Carolina man who is charged with killing his five children has suffered from long-term brain injuries. The Crime In 2014, 37-year-old Timothy Jones, Jr. killed his five children. According to prosecutors, Jones killed his son Nahtahn, 6, after the boy broke an electrical outlet in their […]

Florida Supreme Court Adopts Daubert After Rejecting It

Florida Supreme Court

What a difference a judge makes. Or, in the case of the Florida Supreme Court, three newly appointed justices. On October 15, 2018, the Florida Supreme Court rejected the state legislature’s adoption of the Daubert standard for expert witness testimony. The majority opinion concluded that the standard infringes the jury’s role to determine whether expert […]

DOJ Seeks to Limit Expert Testimony in CVS-Aetna Merger Case

CVS and the U.S. Department of Justice are seeking to block or limit the testimony of the American Medical Association’s proposed witnesses in the CVS-Aetna merger review. The DOJ’s New Scrutiny of Vertical Mergers In December, CVS Health, the nation’s largest pharmacy chain, agreed to purchase Aetna, the third largest health insurance company for $69 […]

OSHA Faults Expert for Failing to Investigate Facts Before Rendering Opinion

A company relied on an expert witness to convince the Occupational Safety and Health Administration (OSHA) that its workplace could not have been made safer than it was at the time of an accident that killed an employee. The expert based his opinion on an understanding of the facts that was not supported by the […]

Expert Testimony Excluded in Amtrak Crash Trial

Amtrak train

The exclusion of expert evidence likely contributed to a not guilty verdict for a driver who was accused of causing a crash with an Amtrak train. Dana Naylor, Jr. was charged with involuntary manslaughter after an Amtrak train crashed into the garbage truck he was driving. The crash occurred near Crozet, Virginia. A co-worker in […]