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Tag Archives: Expert Testimony

Tort/Negligence – Products Liability – Manufacturing Defect – Expert Testimony – Unnecessary (access required)

Morris v. Kmart Corp. If plaintiff were pursuing her products liability claim pursuant to a design defect theory, expert testimony would be required to prove her case; however, since plaintiff is proceeding under a manufacturing defect theory, expert testimony is not required. Plaintiff’s failure to submit an expert witness report is not fatal to her claim.

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Criminal Practice – Securities Fraud – Evidence – Expert Testimony (access required)

U.S. v. Offill The 4th Circuit affirms securities fraud and wire fraud convictions of a former lawyer for the Securities and Exchange Commission who participated in a “pump and dump” securities scheme designed to evade securities registration requirements, artificially inflate the value of securities and then realize a gain by selling them at the inflated value to the public.

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Criminal Practice – Evidence — Motion to Suppress – Handgun – Found in Jail – Expert Testimony — Reply (access required)

State v. Garris After defendant was arrested on an unrelated burglary charge, a gun was found on his food tray at the jail. That gun fired the bullets that injured the victim in this assault case; moreover, gunshot residue had been found on defendant’s hands when he was arrested. The trial court did not err in denying defendant’s motion to suppress the gun. We affirm defendant’s convictions of armed robbery, assault and battery with intent to kill, and possession of a firearm during the commission of a violent crime.

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