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Tag Archives: expert testimony

At the class certification stage, a harder look at experts

In the year since the U.S. Supreme Court made it tougher for large groups of plaintiffs to prove that they should proceed in a class action, courts have been taking a harder look at a key type of evidence plaintiffs use to make that case: expert witness testimony.

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2010AP1294-CR State v. Evans

Evidence Other acts; expert testimony Joseph Evans appeals from a judgment of conviction for the first-degree intentional homicide of his estranged wife and criminal damage to property.  Evans challenges the admissibility of other acts evidence and expert testimony.  We reject Evans’ arguments and affirm. Affirmed. This opinion will not be published. 2010AP1294-CR State v. Evans Dist. III, Marinette County, Duket, ...

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Testimony change depends on lawyers

There has been much attention paid recently, including in these pages, to a recent bill that purportedly heightens the admissibility standards for expert testimony.

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10-1484 Banister v. Burton

Evidence Expert testimony It was not an abuse of discretion to permit a trauma surgeon to testify about the nature and severities of a plaintiff’s injuries. “Banister argues, citing Deimer v. Cincinnati Sub- Zero Products, Inc., 58 F.3d 341, 345 (7th Cir. 1995) (physician is not qualified to testify on matters beyond his ‘requisite experience’), Porter v. Whitehall Laboratories, Inc., ...

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2009AP2036-CR State v. Black

Criminal Procedure Ineffective assistance; expert testimony Charles R. Black appeals from a judgment of conviction for two counts of second-degree sexual assault of a mentally ill victim, contrary to Wis. Stat. § 940.225(2)(c) (2007-08), and from the July 30, 2009 order denying postconviction relief. Black requests a new trial as a result of ineffective assistance of counsel and, under Wis. ...

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10-1279 Myers v. Illinois Central Railroad Co.

Employment FELA; causation; expert testimony The district court properly excluded the testimony of an ergonomist and treating physicians to prove that a railroad employee’s cumulative trauma disorders were caused by the railroad’s negligence. “[T]he ergonomist could testify as an expert about how dangerous the railroad yard’s conditions were, but that does not mean he is qualified to testify about what ...

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2009AP3010 Keller v. Gaszak

Property Misrepresentation; expert testimony Dennis and Laurie Gaszak appeal from a judgment that they failed to disclose basement cracks and a bulging wall when Patrick and Margaret Keller purchased their home. The Gaszaks argue that because there was no expert testimony as to cause, existence of a defect, and necessary repairs, their motion for a directed verdict should have been ...

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09-3344, 09-3350, 09-3351, U.S. v. Cinergy Corp, et al.

Environmental Law Clean Air Act; plant modification permits; expert testimony The jury verdict regarding a plant’s emissions of sulphur dioxide related to modifications to coal-fired electric power plants made without obtaining permits must be reversed because the modifications did not increase the plants’ hourly-rate capacity for producing electricity, and under the Indiana Plan in effect at the time for implementing ...

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