March '09
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Law

  • Kansas v Colorado U.S Supreme Court, March 9 2009. In an objection to an expert witness attendance fee award, the objection is overruled, where expert witness attendance fees that are available in cases brought under the Supreme Court's original jurisdiction shall be the same as the expert witness attendance fees that would be available in a District Court under 28 U.S.C. section 1821(b).
  • Wyeth v Levine U.S. Supreme Court, March 4 2009. In a tort action based on an injury due to the medical use of Wyeth's drug Phenergan, judgment for respondent Levine is affirmed where Federal law does not preempt Levine's claim that the drug's label did not contain an adequate warning about the IV-push method of administration.
  • Summers v Earth Island Inst U.S. Supreme Court, March 3 2009. In an action challenging Forest Service regulations exempting certain land management activities from the agency's review process, an injunction against the regulations is reversed where Plaintiffs lacked standing to challenge the regulations absent a live dispute over a concrete application of those regulations.

  • Articles

    How Attorneys Can Best Utilize Their Medical Expert Witness: A Medical Expert's Perspective A series of online articles by X-Pro Member, Professor Vernon Neppe who is a Neuro-Psychiatric Forensic Specialist at the Pacific Neuropsychiatric Institute, Seattle. His profile is here.

    Assessing a Court Psychological Evaluation Program Renowned psychologist Allan Cooperstein gives an insight into such programs. Dr Cooperstein's profile is here.


    Events
    3/31/09 (CA):

    How to Boost Your Consulting Practice Using White Papers FEWA San Diego event, Speaker: Michael Stelzner of Stelzner Consulting.


    In The News

    03/20/09 (UK): DNA Frees Man After 27 Years A man who spent 27 years behind bars for murder has said he was "ecstatic" to be free after new DNA evidence prompted the appeal court to quash his original conviction.


    03/10/09 (CA): Expert Testifies in Spousal Abuse Trial After a grueling trial involving expert witness testimony and marked by graphic evidence of domestic violence, a jury has convicted a Carmel Valley man on charges that leave him facing life in prison. The jury found Aniano Olea, 44, guilty of 25 felony counts in connection with years of abuse against his wife, including burning her face with tongs and tattooing her forehead and neck with the words "whore" and "adulteress."


    03/08/09 (MN): What is The Role of a Pathologist in Law & Order? When medical examiners step inside the yellow crime-scene tape, they bring expertise held by just a handful of people. But do they do so as impartial sleuths who simply "follow the evidence," to borrow a phrase, or as public employees with their own loyalties and biases? Link to an interesting piece in the Star Tribune.


    03/08/09 (CAN): Jail Those Responsible For Wrongful Convictions? That's one of the controversial findings of a Canadian legal conference held just two days after Ontario's top court quashed a man's 37-year-old murder conviction The forum also heard Canada needs an independent agency to investigate claims that innocent persons are languishing in jail.


    03/06/09 (CA): Rihanna Case Prompts Press Release From DV Organization Another story on domestic violence, though a little more high profile. The alleged assault upon pop star Rihanna by her boyfriend Chris Brown has prompted a press release by Esta Soler, President of the Domestic Violence Prevention Fund, a body that works towards promoting an end to domestic violence worldwide.


    03/05/09 (CAN): DNA Expert: Main Purpose of Hells Angels is to Facilitate Criminal Activities The main reason for the existence of the Hells Angels motorcycle club is to facilitate criminal activity for its members, a biker expert testified at the trial of four Hells Angels.


    03/02/09 (KY): Victim Prone When Shot, Says Expert The jury in a Kentucky murder trial has heard about forensic evidence as prosecutors resumed testimony. Jurors heard from three law enforcement forensic specialists about what their tests indicated concerning gunshot residue and any possible movement of the deceased's body.


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