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New York Court Permits Life Care Planning Expert to Rely on Hearsay

New York US State Law Legal System Concept

Thomas Tornatore sued his chiropractor for malpractice. A New York jury determined that the chiropractor, Dr. Jean Cohen, was responsible for Tornatore’s injuries. A portion of the jury’s award of damages covered future life care expenses. Tornatore presented an expert in life care planning to testify about his future life care expenses. The trial court […]

The Psychology of Deadly Force Debate

As the use of psychology in the defense of police officer shootings becomes more common, a debate has arisen over whether it is appropriate to allow expert testimony on the connection between stress and deadly force. Defense of Jason Van Dyke Jason Van Dyke was a white police officer who shot Laquan McDonald, a black […]

Judge Orders Expert Witness Questioning in UFC Lawsuit

A Las Vegas federal court judge has postponed a hearing on two dispositive motions and instead ordered the questioning of seven expert witnesses in the antitrust suit that former fighters filed against the UFC. The Lawsuit In December 2014, former fighters brought an antitrust lawsuit against the UFC, alleging that the company used an “anticompetitive […]

Texas Court Bars Ophthalmologist from Giving Standard of Care Testimony About Eyelid Injury Caused by Bone Surgery

Kathleen Broussard fell and fractured a bone in her eye socket. Dr. Thomas Cook, a craniofacial plastic surgeon, operated to repair the fracture. During surgery, Broussard’s lower eyelid was torn. She sued Dr. Cook and his surgical assistant for medical malpractice. As Texas law requires, Broussard offered an expert report explaining why Dr. Cook breached […]

ICE Claims Ex-Official Not Authorized To Testify as Expert

The United States Immigration and Customs Enforcement Agency has publicly rebuked a former official for giving testimony as a paid expert witness for GEO Group. The Testimony Former Immigration and Customs Enforcement (ICE) employee Tracey Valerio was retained by GEO Group to give testimony in Ugochukwu Goodluck et. al v. The Geo Group. Valerio was […]

Prosecutor Proposes to Allow Expert Testimony to Address Misconceptions About Sexual Assault Victims

An Iowa prosecutor has proposed new legislation that would allow expert testimony in sexual assault cases to address some common misconceptions about victims and help jurors better understand how victims respond to trauma. First Assistant Linn County Attorney Nick Maybanks proposed the legislation after the widely-publicized United States Supreme Court confirmation hearings of Brett Kavanaugh. […]

Expert Opinion of Involuntary Intoxication Excluded Because Expert Was Unqualified to Assume the Existence of a Medical Condition

Paul Ayala was charged with operating a vehicle while under the influence of an intoxicating drug in Milwaukee County, Wisconsin. The trial court excluded the testimony of his expert witness and Ayala was convicted. The Wisconsin Court of Appeals affirmed the trial judge’s exclusion of the expert testimony. Facts of the Case A police officer […]

Jesse Ventura Testifies as Motorcycle Club Expert

Jesse “The Body” Ventura is known as a professional wrestler and as the governor of Minnesota. He is also considering a run for the presidency in 2020. He recently added a new credential to his resume, that of expert witness. Federal prosecutors accused the Mongols Motorcycle Club of racketeering. The government argued that the “outlaw” […]

New Hampshire Supreme Court Affirms Admission of Expert Testimony Regarding Cause of Salmonella Infection

Brandon Stachulski sued the owner of an Applebee’s restaurant in New Hampshire, alleging that he contracted salmonella when he ate an Applebee’s hamburger. The Applebee’s owner argued that Stachulski could not prove that its hamburger was the source of the salmonella. The owner argued that Stachulski could have been infected by his pet lizard or […]

Sixth Circuit Rejects Expert Testimony About How Criminals Use Facebook

Malik Farrad was convicted of a felony and thus was subject to a federal law that prohibits individuals with felony convictions from possessing firearms or ammunition. After Farrad served his sentence, the police in Johnson City, Tennessee received reports that Farrad had been seen in possession of guns. To further the investigation of those rumors, […]