Coleman v. United States, No. 17-51135 (5th Cir. 2019)
Federal Rule of Evidence 601 requires federal courts to apply state rules of witness qualification when determining the competency of expert witnesses to testify regarding medical malpractice claims that turn on questions of state substantive law.
https://law.justia.com/cases/federal/appellate-courts/ca5/17-51135/17-51135-2019-01-09.html
Expert Witness Directories
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Elosu v. Middlefork Ranch, Inc., No. 21-35309 (9th Cir. 2022)
The panel held that the district court improperly assumed a factfinding role in this case. Although a court may screen an expert opinion for reliability, and may reject testimony that is wholly speculative, it may not weigh the expert’s conclusions or assume a factfinding role. In the plain text of its opinion, the district court took issue only with the expert’s ultimate conclusions.
https://law.justia.com/cases/federal/appellate-courts/ca9/21-35309/21-35309-2022-02-23.html
Expert Witnesses and Conclusions of Law (fatal)
Ocwen is correct that Hansen’s statements of law are improper; however, they are improper not because they inaccurately state the law, but becauseexpert witnesses are not permitted to make legal conclusions. United States v. Melcher, 672 F. App’x 547, 552 (6th Cir. 2016). An expert makes a legal conclusion when “he defines the governing legal standard or applies the standard to the facts of the case.” Id. (citations omitted). Hansen has not only defined the governing legal standard by providing an extensive history and explanation of what constitutes an ATDS under the TCPA and the Commission’s guidance, but he has also impermissibly applied that standard to the facts of this case by concluding that Ocwen’s Aspect System is an “ATDS as contemplated by the TCPA and clarified by the FCC[.]” Dkt. No. 54-1, p. 18 (Pg. ID 986). Thus, the Court will grant Ocwen’s Motion to Exclude Hansen’s Report because Hansen impermissibly constructed legal standards and made legal conclusions.
Keyes v. OCWEN LOAN SERVICING, LLC, Dist. Court, ED Michigan…
Colorado Supreme Court decisions could make it tougher for cops to testify
Ramos appealed his conviction on the basis that a judge improperly allowed a detective to testify as a lay witness. The officer had 19 years of police experience and had handled thousands of cases involving blood evidence, but he was not put forward as an expert. When the appeals court ruled in Ramos’ favor, state prosecutors appealed the case to the state Supreme Court.
http://www.denverpost.com/2017/02/07/colorado-supreme-court-decision-cops-testify/
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), is a United States Supreme Court case determining the standard for admitting expert testimony in federal courts. The _Daubert Court held that the enactment of the Federal Rules of Evidence implicitly overturned the Frye standard; the standard that the Court articulated is referred to as the Daubert standard.
https://en.wikipedia.org/wiki/Daubert_v._Merrell_Dow_Pharmaceuticals%2C_Inc.
Class Action Suit Brought Against Mondelēz’s Lorna Doone Packaging
The defendant produces and markets shortbread cookies under the brand Lorna Doone. The complaint cites multiple expert opinions which all note that in shortbread cookies, “the presence of butter is essential,” and expected. Howze explains that when consumers see a food that is identified as shortbread, they believe it will contain at least some butter.
https://lawstreetmedia.com/news/agriculture/class-action-suit-brought-against-mondelezs-lorna-doone-packaging/
Molson Coors Sued Over Advertising of Hard Seltzer’s Vitamin C Content
On Thursday, plaintiff Evvie Eyzaguirre filed a putative class action against Molson Coors Beverage Company USA LLC in the Southern District of Florida. The plaintiff alleges that Defendant has engaged in false and deceptive labeling and marketing of its Vizzy Brand hard seltzer product by touting its antioxidant vitamin C content.
https://lawstreetmedia.com/news/agriculture/molson-coors-sued-over-advertising-of-hard-seltzers-vitamin-c-content/
Not Loving It: McDonalds, Wendy’s Sued Over Burger Ads
The complaint then cites a Food Stylist (i.e., someone prepares food for photo/video-graphing for advertisements). The Food Stylist quoted admits she uses undercooked patties so that the advertised burger appears much larger than a cooked one. The complaint then alleges this Food Stylist also worked for McDonald’s.https://lawstreetmedia.com/news/agriculture/not-loving-it-mcdonalds-wendys-sued-over-burger-ads/
Consent Orders, a primer
Jesse Eisigner begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.
https://www.amazon.com/Chickenshit-Club-Department-Prosecute-Executives/dp/1501121367/
U.S. Files Lawsuit and Proposed Consent Decree Against Abbott Labs for Powdered Infant Formula
If the consent decree is entered by the federal court, Abbott Laboratories would be permitted to continue manufacturing its powdered infant formula in its Sturgis facility
https://lawstreetmedia.com/news/health/healthcare/u-s-files-lawsuit-and-proposed-consent-decree-against-abbott-labs-for-powdered-infant-formula/
Why would someone take a plea bargain?
# 2 They’re in jail and can’t make bail. They’re are looking at a trial date six months out, for an misdomeanor offence (less than a year) that carries an average penalty of six months in prison. They’re offered “time served”. Innocent people accept that one.
https://www.quora.com/Why-would-someone-take-a-plea-bargain/answer/Steven-Haddock
Georgia Court of Appeals Affirms Rejection of Expert, Dismissal of Claims Under Daubert
The Court of Appeals found that the trial court did not abuse its discretion in excluding the plaintiff’s causation expert because there was just “too great an analytical gap between the data and the opinion proffered.” Id.at *3 (citing Gen. Elec. Co. v. Joiner, 522 U. S. 136, 146 (III) (118 SCt 512, 139 LE2d 508) (1997);HNTB Ga., Inc. v. Hamilton-King, 287 Ga. 641, 644 (1) (697 SE2d 770) (2010)). The Court of Appeals summarized the experiments conducted by the expert, which involved attempts to reverse engineer the cause of the fire.
https://www.weil.com/
Judge Gets Reprimand Over Penchant For Handcuffing Attorneys In Her Courtroom
The second incident was on February 18, 2020. Then Samuel Milledge was in Stalder’s courtroom in support of a client — though he wasn’t representing the client in the matter in front of Stalder, but in another unrelated matter. And there was another hallway incident, this time between Milledge and a court staffer. When questioned about it by Stalder, Milledge said the staffer was disrespectful towards him. Once again, Stalder dealt with the situation by having her bailiff escort the attorney to the jury box and shackling him to a chair.
https://abovethelaw.com/2022/05/judge-gets-reprimand-over-penchant-for-handcuffing-attorneys-in-her-courtroom/
Jury sides with woman’s claim of Baker Act misuse, awards $500K+ in damages
A federal jury awarded a woman in Miami-Dade County $520,000 in damages for physical and mental harm after she claimed she was wrongly institutionalized for a psychological examination under the Baker Act, a state law that allows for involuntary emergency mental health services.
https://www.local10.com/news/local/2022/05/14/jury-agrees-with-miami-dade-womans-claim-of-baker-act-misuse-awards-500k-in-damages/
Music and Video Credits
My Cousin Vinny (5/5) Movie CLIP – Automotive Expert (1992) HD
https://youtu.be/3nGQLQF1b6I
Idiocracy Electrolytes 1
https://youtu.be/ZMHfBobgLSI
Danheim – Mannavegr (Full Album 2017) Viking Era & Viking War Music
https://youtu.be/8tilKaOINmE
Sector Space
https://sectorradio.ru/space/
Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2Bc
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