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Articles Posted in Experts

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New Rules of Evidence Are Needed For Authenticating Digital Evidence

All evidence is required to meet the foundation requirement of admissibility, which would include relevancy, the best evidence rule and hearsay. Under the law, the courts require authentication because before a tangible object or writing can be admitted into evidence, it must be shown that it is in fact what…

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U.S. Court of Appeals Bars Injured Railroad Workers’ Medical Expert at Trial

Shannon Brown sued the Burlington Northern Santa Fe Railway Co. under the Federal Employers’ Liability Act, 45 U.S.C. Section 51, et seq. Brown started as a laborer and worked his way to foreman, track inspector and machine operator by 2009. In 2007, he was diagnosed with carpal tunnel syndrome in…

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$1 Million Jury Verdict in Illinois T-Bone Crash, Causing Severe Neck Injury

On Nov. 25, 2008, Thomas J. Hagerman was driving westbound on Route 6 in Morris, Ill., when the defendant, Betty Leake, who was attempting to make a left turn onto Lisbon Street, chose not to yield the right-of-way. Instead, Leake turned directly in front of Hagerman’s truck, causing Hagerman to…

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U.S. District Court Finds That Worker’s Employer Liable for Spouse’s Contracting Mesothelioma from Washing Her Husband’s Work Clothes

In a case that has been labeled one of first impression, the wife of a victim of mesothelioma has prevailed after the defendant, Tennessee Valley Authority, moved to dismiss the case. The case was heard in the U.S. District Court for the Northern District of Alabama. Barbara Bobo brought this…

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Warning Flags are Raised Again Because New Chemical Stimulants Found in Workout, Weight-Loss and Brain-Function Products are Either Illegal or Carry Risks of Heart Attacks, Seizures and Neurological Injury

Several dietary supplements are being tested again in the United States and the Netherlands because of a new synthetic stimulant widely used in these products. The stimulant has been untested on humans. Federal regulators have taken no action, although the government has been urged by scientists to look closer. The…

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Architect Sued for Unsafe Retaining Wall Design; Jury Finds for Defendant

A nationally recognized art critic and historian, Gerald J. Nordlund, visited the Art Institute of Chicago at 111 S. Michigan Avenue on Sept. 5, 2009. He was 82 at the time. After leaving the Art Institute, Nordland stepped onto a retaining wall, which separated the sidewalk along Columbus Drive from…

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Illinois Appellate Court Reverses and Remands Case on Proximate Cause for Uncorrected Danger

Khalil Bell and his mother, Kimberly Street, lived in a Chicago area apartment. On March 10, 2008, the heat in their apartment was off. To warm the apartment, she turned on the stove and put pots of water on the burners to create steam. After the water had reached the…

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Settled General Motors Ignition Defect Lawsuit May Come Back to be Reopened

Brooke Melton, 29, died allegedly because of the General Motors’ ignition switch flaw. Her case had been pending for a period of time when it was settled by General Motors in October 2013. The settlement was reached before General Motors was found to have been downplaying and otherwise concealing the…

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Illinois Appellate Court Finds that Witness Affidavit in Contradiction to Sworn Deposition Testimony Cannot be Used as a Basis to State a Claim

On Aug. 7, 2008, Frosini Xeniotis was evaluated by an oral surgeon, Dr. Cynthia Satko. One of Xeniotis’s baby teeth had never fallen out, and her adult tooth had grown in behind it. The result was just simply “not aesthetically pleasing” to Xeniotis. Xeniotis was referred to Dr. Satko by…

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