Expertise in meth lingo
A Chicago court has dismissed an appeal from a drugs conviction where a police officer gave evidence of the language of meth dealing, and ‘translated’ a number of text messages: “Some exchanges were not particular difficult to decipher while others were more challenging. “She will pay 245 for it” meant a customer was willing to […]
Evidence of maritime expert excluded for lack of CV and failure to engage with primary facts
“The court agreed with the defendant’s argument to exclude the expert’s testimony on the breach of the standard of care because these were legal conclusions. The court further noted that the expert was not qualified to testify because there was no evidence of his employers, length of marine industry employment, level of education and training, or […]
Arrest of money-laundering expert witness for laundering money
He had to obtain his expertise somewhere: https://www.npr.org/2019/11/19/780877837/u-s-arrests-money-laundering-expert-for-laundering-money?t=1574262927867
Selecting an expert witness in a custody case
From the New York Law Journal (Law.com): “The three critical issues to think about at the outset are: (1) What expertise should the expert have? (2) Should the expert be a person already known to the court before your selection? (3) Is it a good idea to use an expert you personally have previously worked […]
Expert evidence in music copyright cases
The US Federal courts are coming under criticism for allowing music copyright cases to proceed. In a case against Pharrell Williams by the estate of Marvin Gaye, it is alleged that a questionable expert opinion was admitted into evidence: “Just last year, the Ninth Circuit upheld a jury verdict holding that a Marvin Gaye song […]
Wrong expert testifies in a professional negligence case
In a Tennessee case concerning nursing care, the plaintiff relied on expert testimony from a neurosurgeon. The court dismissed the case, and the decision was upheld on appeal. See: https://www.nurse.com/blog/2019/10/23/wrong-expert-testifies-professional-negligence-case/ The judgment may be found here: http://www.tncourts.gov/sites/default/files/estate_of_herbert_ross_shelton_e2018-00862.pdf
Assessment of expert evidence as preliminary issue
In the US, it has become common to assess expert evidence at “certification” stage in class actions. A question has been raised as to whether this applies both to the ‘rigoressness’ and the admissibility of such evidence. The phrase “we doubt that this is so” by the US Supreme Court has become the focus of […]