ExpertPages Blog

Federal Court Grants a Daubert Motion and Denies Another in a Trademark Infringement Lawsuit

Through two Florida business entities, Superior Consulting Services, Inc. markets a blood-testing service to consumers that includes the creation of a “Healthprint” profile. Superior trademarked the term “Healthprint” to identify a profile that is “customized to a client’s unique biochemistry.” Superior markets the profile as assisting in the early detection of disease. Superior also provides […]

$14.5 Million Award After Expert Admits License Suspended for Fraud

A six-person jury has awarded a Bronx man $14.5 million in a verdict against New York’s Metropolitan Transit Authority after the MTA’s expert witness admitted that his medical license had been recently been suspended over fraudulent exam reports. The Accident In 2013, an MTA bus crossed two lanes of traffic and hit a Honda Odyssey […]

Prominent Child Abuse Expert Dies at 100

Prominent California child abuse expert and pediatrician, Dr. Jess Diamond, has died at 100 years old. Early Career Dr. Jess Diamond was born in the Bronx, New York on September 18, 1918 to a restaurateur and apartment manager. Diamond grew up in New York and became interested in medicine because of his uncle, who worked […]

Court Overturns Death Sentence Because Expert Testimony Wrongly Excluded

Election Experts Testify in Virginia Voter ID Case

A federal appeals court has overturned the death sentence of a man who was convicted of raping and beating a woman to death because the testimony of an expert witness had been wrongly excluded. The Crime In September 2008, 29-year-old Genevieve Orange returned home from her job at the Futures Industry Association in Washington, D.C. […]

Judge Orders Mental Health Treatment Recommended by Defense Expert Witness

A Pennsylvania judge has taken the advice of an expert witness and ordered a specific regimen of mental health treatment for a defendant who has been sentenced to state prison time. The Crime On June 17, 2016, 31-year-old Calvin McDonald from Allegheny County, Pennsylvania got into an argument with his girlfriend at their residence. McDonald […]

Ninth Circuit Declines to Rehear Case that Asks Whether Admissible Expert Evidence Is Required to Support Class Certification

Does expert evidence need to be admissible at trial before a judge can base a class certification decision on the evidence? A Ninth Circuit panel said “no” while a divided court recently declined to review the panel’s decision en banc. Facts of the Case Two registered nurses (“RNs”) filed a class action complaint against their […]

Prosecutor Requests Admission of Evidence Without Expert

A Lapeer County Prosecutor has requested that he be allowed to admit evidence relating to an animal’s genetics into court without presenting an expert to testify about this evidence at trial. The Incident On July 7, a black husky and another dog owned by Geuorgui Shopov were running loose in Attica Township, Michigan. The two […]

Experts Clash Over Defendant’s Mental Capacity

Expert witnesses cannot agree about whether a man who pleaded guilty to murder is mentally fit to face the death penalty. The Crime In February 2010, a group of six men held 30-year-old Jennifer Daugherty captive for more than two days. Daugherty was beaten and tortured, bound with Christmas lights, and stabbed to death. Her body […]

Appellate Court Affirms Exclusion of Toxicologist’s Opinion Linking Respiratory Disease to Pollutants from Fertilizer Plant

Rhonda Williams sued Mosaic Fertilizer, claiming that her lung diseases and other health conditions were related to toxic substances emitted by Mosaic’s plant. Mosaic made a Daubert motion to exclude the expert testimony that linked Williams’ health problems to Mosaic’s emissions. A federal district court granted the motion and the Court of Appeals for the Eleventh […]

Former Cop and Expert Witness Pleads Guilty to Perjury and Theft

A former Flagstaff Police Officer and expert witness for the Northern Arizona Healthcare’s Safe Child Center has pleaded guilty for perjury and theft of between $4,000 and $25,000. The Investigation Carli Moncher was retained as an expert witness to testify in cases involving children, including cases of child abuse for the Northern Arizona Healthcare’s Safe […]