April '07
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Welcome to X-Pro News - The Free Monthly Newsletter
For Expert Witnesses & Legal Professionals Nationwide

Issue 6 of ‘X-Pro News’ features our first attorney contribution and it's not only welcome, it's highly relevant. Leading attorney Gilbert Schill Jr., partner with Richmond law firm McGuire Woods, tackles the minefield topic of communications between attorney & expert. Two new articles also feature from expert contributors – Richard Mintzer & Rob Painter. 'X-Pro News’ acts as a useful interface between attorneys & experts nationwide, and we always welcome contributions from both. Let us know if you would like to publicize an event, & we’ll do what we can to help.

Law
  • Raich v Gonzales – full opinion of Court of Appeals, 9th Circuit. The Court refused permission for a terminally ill person to be allowed to use marijuana for medicinal purposes without fear of Federal prosecution.
  • Philip Morris USA v. Williams - the full judgment. We felt this Supreme Court opinion was an important one that will interest all our readers. The Court’s majority opinion states that juries may consider acts to non-parties when evaluating the reprehensibility of a defendant’s conduct, but may not base a punitive damages award on harm to them.
  • Humeston v Merck – Drugs Company still ahead, despite latest jury award. A NJ jury has awarded an Idaho couple $20M in compensatory damages in the latest Vioxx trial, but the drugs giant has still only lost 5 out of the 14 cases heard.
  • Pevarello v Lan – full opinion of the Board of Patents Appeals rules that questions are to be to be limited in certain cases. The ruling affect lawyers & experts involved in ‘interference’ cases.

  • Events
    April 16-21 (OR): National Conference on Child Abuse and Neglect Federal Office on Child Abuse & Neglect. Co-Sponsored by the APA.
    April 18 (Web): Through The Roof – Escalating Construction Costs, NSPE Web Seminar.
    April 25th-28th (TX): National Education Conference, American Association of Legal Nurse Consultants.
    May 19 - 24 (CA): American Psychiatric Association Annual Meeting

    Articles
  • ‘Communications With Experts – Discoverability, Ghostwriting & Spoliation’ Communications of this nature offer many pitfalls for the unwary. Attorney Gilbert Schill Jr. points the way. Click here for the article.
  • ‘Follow Instructions – Or Else!’ Insurance expert Richard Mintzer tells us about his work & offers some very helpful hints that all readers should take note of. Click here for the article.
  • ‘The Art of Forensic Locksmithing’. Expert witnesses have experience in a wide range of skills. Rob Painter is an auto theft expert and tells us how in his view, many experts are too quick to add the word ‘forensic’ to their title. Click here for the article.

  • In The News

    3/18/07 (FL): Padilla Case – Judge Allows Expert Testimony A federal judge has allowed expert testimony in the upcoming Padilla terrorism trial, but warned that experts should not be allowed to draw conclusions of guilt or innocence for jurors.

    Padilla

    3/06/07 (NV): Workplace Discrimination & Violence Definitions Argued This was recently hotly debated in a Nevada civil lawsuit brought by four black Texans against Walgreen.


    Older Witness

    3/04/07 (VA): Older Witnesses Not So Reliable, Says Study Older adults are more likely than their young counterparts to make mistakes in memory, and are also more likely to insist that they are right, a University of Virginia study suggests.


    3/02/07 (CT): Supply Teacher Faces Jail Over Pop-Up Porn A substitute teacher faces up to 40 years in jail after pornographic website images were displayed to her seventh-grade students. But the conviction has sparked mass outrage in many quarters, and an appeal is top be launched.


    3/01/07 (ID): Idaho Supreme Court Rules Expert Qualified Reversing an earlier decision, the Court ruled that expert Dr Edward Smith was indeed a competent expert in the case of Weeks v. Eastern Idaho Health Services (no. 32458).


    2/27/07 (OH): Election Procedures on Trial Again – Expert Testifies The Squire v. Geer case is more than just a mere election challenge lawsuit; the reliability of electronic voting was on trial last week in a small courtroom in Franklin County, Ohio.

    Voting

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