The State of Florida charged Jabari Kemp with vehicular manslaughter, alleging that his reckless driving caused the deaths of five people. While Kemp’s postconviction proceedings were pending, the Florida Supreme Court adopted the Daubert standard for the evaluation of expert testimony. Applying the Daubert standard, the Florida Court of Appeals reversed the conviction and remanded […]

A California district court judge has denied a motion for summary judgment in a Ford defective transmissions lawsuit and will hold a Daubert hearing to determine the reliability of the plaintiff’s automotive technician expert. The Defective Transmission Lawsuits Dozens of plaintiffs filed separate lawsuits against Ford Motor Company, alleging that the power shift transmissions in […]

The government, with its vast resources, has a distinct advantage when it brings criminal charges against all but the wealthiest defendants. Since poor defendants have the same right to a fair trial as wealthy defendants, the Supreme Court has held that the constitutional right to equal protection of the law demands that defendants not be […]

When Shawn Eichler was eight, he tried to do a pullup from a bar at the top of a dumpster. He instead pulled the dumpster over. The dumpster landed on top of Shawn, causing serious injuries. Shawn sued the waste management company that supplied the dumpster to his neighbor. He alleged that his injuries were […]

The defense team for Johnson & Johnson attempted to undercut the testimony of the plaintiff’s expert witness; however, Dr. William Longo maintained his position.  The Asbestos Controversy Johnson & Johnson is currently on trial to determine if its baby powder, which was allegedly tainted with asbestos, caused Carolyn Weirick to develop mesothelioma.  Mesothelioma is a […]

Recent news stories alleging mistakes by “celebrity” forensic scientist Henry Lee should serve as an important lesson for criminal defense attorneys. No matter how strong the prosecution’s forensic evidence appears to be, a defense lawyer should never accept it at face value. Lee’s reputation took a hit after DNA evidence suggested the innocence of a […]

Brenda Tinkham and her son, T.M., sued Janssen Pharmaceuticals and related companies for failing to warn of the risk of gynecomastia associated with the drug Risperdal. Gynecomastia is characterized by the growth of female breast tissue in males. The Tinkhams filed suit in a Philadelphia County trial court. Many similar lawsuits have been filed against […]

Rodolfo Prieto was thrown from a wheelchair while being transported in an ambulance from a dialysis center to his assisted living facility. He died a few months later. Bianca Prieto sued the dialysis center, Total Renal Care, for negligence. She alleged that Total Renal Care had a duty to follow Rodolfo’s doctor’s orders, which required […]

The American Institute of CPAs (AICPA) has issued a new forensic accounting standard that is expected to give CPAs a credibility boost when they serve as expert witnesses at trials. Role of the AICPA The American Institute of CPAs (AICPA) is the world’s largest member association for the accounting profession. The organization was founded in […]

A South Carolina man’s conviction for criminal sexual conduct with a minor has been reversed by the South Carolina Court of Appeals because the court found that the child’s therapist improperly vouched for the alleged victim’s testimony by testifying as both a lay witness and an expert witness. The Alleged Crime In 2015, training specialists […]