Sentences with phrase «by expert testimony»

Finding that the visual images transmitted by the accused through email depicted minors, as required for violation of federal statute which prohibits receiving or transporting visual depictions of minors engage in sexually explicit conduct was supported by expert testimony that they were minors.

In Texas, for example, a toxic tort claim — a claim that you've been injured or made ill by exposure to toxic chemicals and / or fumes — must be supported by expert testimony.

The Court held that because symptoms of both discomfort and disease fall outside a layperson's general knowledge and experience, the cause of such symptoms must be confirmed by expert testimony.

Our clients have come to know and depend on TCS to provide court - admissible forensic evidence that is backed up by expert testimonies when their case depends on it.

Not exact matches

And yet, the very grounds on which these controversies have been fought — arguing for the «scientific» basis of creationism, making use of the «rational - legal» procedures supplied by the modern court system, and drawing on social scientists for «expert testimony» — all point to the considerable degree to which even religious conservatives have accommodated to the norms of secular rationality.

and actual expert testimony and step by step instructions on HOW TO SEE IT»S FAKE.

It's unsurprising that the lip - reading expert consulted by the FA did not find Suarez's testimony to be credible.

On direct examination Wednesday, Brashears offered her testimony as one of the top beef safety experts in nation, saying the lean finely textured beef produced in 2012 by Dakota Dunes - based Beef Products Inc. (BPI) was «definitely meat and definitely beef» and that it was not «pink slime.»

In 2006 and again in 2010, after thorough consideration and expert testimony from the Rockland County Department of Health, New York State decided Rockland could not wait any longer and ordered United Water to have a long - term source of supply online by the end of 2015.

The mission of CFS is to provide excellent laboratory services in support of the administration of justice and public safety for the citizens of Ontario by: 1) providing scientific examinations and interpretations in cases involving injury or death in unusual circumstances, and in crimes against persons or property; 2) presenting independent objective expert testimony to courts in Ontario; 3) conducting research; and 4) presenting educational programs on forensic science for agencies using forensic science services.

This uneasiness with parties» experts is heightened by the fact that the adversarial system, relying as it does on critical cross-examination to expose weaknesses in a witness» testimony, is often ill suited to educating the trier of fact, whether it be judge or jury.

The case settled after expert testimony for the defense was undermined by pivotal new data showing that hemorrhagic stroke caused by weightlifting under Valsalva «is not rare at all.»

The first reason was that the author of this article (in my opinion) unfairly captured my four hours of testimony, by primarily positioning me as an «expert witness» who did not know really anything about the New Mexico teacher evaluation model.

All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and / or performed under, this contract; or (b) any information provided by any party to assist the Contractor in the performance of this contract, shall be immediately reported to the Contracting Officer.

Cheryl's knowledge is frequently utilized throughout the Midwest by Federal and District courts, where she is called upon to provide expert witness testimony in regards to training of police dogs, dog attacks, and dog behavior.

When a non-expert in an area can convince another non-expert scientist (you) to have doubts against the testimony, credibility, dozens of research papers by of one of the leading experts in the world on a subject, then score one for Team Heartland...

The Joint Committee on Telecommunications, Utilities and Energy held a hearing June 20 on the bills, that was attended by more than 500 supporters and had three hours of continuous testimony backing the bills by more than 30 expert witnesses.

Twenty six very dull scan pages from the May 22 transcript of testimony from other expert witnesses go by before Assistant A.G. Freese shows up to question the first skeptic, Dr Richard Lindzen.

If only we might see CAGW claims adjudicated by a court, with experts on both sides giving testimony, counsel from both sides allowed to cross examine, and a jury needed to give a unanimous verdict.

It's also a reminder of those predictions by NASA experts and computer models, as promulgated during 1988 congressional testimony, that accelerated global warming would significantly impact the U.S., with many «experts» then claiming our future was one of warmer winters and no snow.

■ A computer analysis conducted by Juola & Associates, the premier provider of expert analysis and testimony in the field of text and authorship, concluded «it is more likely than not that Gleick is in fact the author / compiler of the document entitled «Confidential Memo: 2012 Heartland Climate Strategy,» and further that the document does not represent a genuine strategy memo from the Heartland Institute.»

Carbon traders; dodgy academics; vulture capitalists pecking on the bloated carcass of renewable energy; environmental NGOs; environmental consultancies who specialise in giving «expert» testimony at planning appeals, arguing on the most spurious grounds that no the bats and birds in this area aren't going to be affected by this new wind turbine they're going to be happier than ever no really; sustainability officers at every level of local government; advisers attached to every business who advise them how to reduce their CO2 count; PR companies that specialise in green awareness; dog - on - a-rope wind turbine scamsters; environmental lawyers.

We gave expert testimony, countered misinformation by anti-nuclear groups and politicians, challenged anti-nuclear groups for their hypocrisy, and exposed their myriad conflicts - of - interest.

Consequently, the admissibility of all expert testimony is governed by the principles of Rule 104 (a).

Yet a further issue is caused by the increasing reliance of courts on testimony from experts, who may be based interstate or overseas.

As noted today by Scott Greenfield on his Twitter feed, a recent marijuana case in federal court in Illinois turned on the testimony of Richard L. Doty, Ph.D., who was permitted to testify as a marijuana odor expert.

Most of the trial testimony came from the numerous expert witnesses hired by each party.

«A jury will consider testimony by experts - usually other doctors, who will testify whether they believe your physician's actions followed standard medical practice or fell below the accepted standard of care.

The defendant contested the plaintiff's expert witness by filing a motion in limine to exclude her expert's testimony.

Your attorney has to prove your damages and can do so by introducing medical testimony and records and by having, medical experts testify that it is reasonable for you to require future medical treatment and care and its probable cost.

The proof of his loss of earning capacity by use of expert testimony was critical to Attorney Gluck's successful resolution of the case for $ 3.75 million.

The plaintiffs also presented expert testimony that had the defendant delivered the baby by planned cesarean section, he would not have suffered the injuries with which he lives today.

South Florida personal injury plaintiffs should ensure that their proposed expert and their testimony will be accepted by the court prior to submitting them for the court's approval.

Depending on the circumstances, your case may require testimony by medical experts or specialists in other fields.

Defective drug lawyers help victims evaluate their individual circumstances and, if a lawsuit is warranted, build a strong case against C.B. Fleet Company by incorporating elements such as expert testimony into their case.

We have also defended those opinions by testimony in depositions and at trial as qualified expert witnesses.

The court first finds that proffered testimony by defendant's technical expert regarding possible «design arounds» as alternatives to the patented technology «is wholly speculative and, consequently, not helpful... LEARN MORE

In the absence of expert testimony, there was no triable issue of material fact as to whether a defect in the speed control deactivation switch installed on a pickup truck was the proximate cause of a fire that damaged a brake shop, a federal court in Mississippi ruled, granting the pickup truck maker's motions for summary judgment on the business owner's products liability and negligence claims (the latter of which was subsumed by the products liability claim), and on the punitive damages claim (Mildemont, Inc. v. Ford Motor Co., January 13, 2017, Ozerden, H.).

• Rule 702 exclusion of numerous experts in both Federal and State Court cases, including exclusion of an expert chemist's testimony upheld on appeal by both the Alabama Court of Civil Appeals and the Alabama Supreme Court.

A: A jury will consider testimony by experts — usually other doctors — who will testify whether in their expert opinion, your physician followed standard medical practice or fell below the accepted standard of care.

Unfortunately, the Court goes into very little detail about the size of the reasonable royalty claimed by plaintiff's expert Raymond Sims, whose royalty testimony the Court precluded.

After precluding certain testimony by Plaintiff's damages expert in January, the court now rules against the remainder of his damages opinion of $ 150 to $ 300 million «or more.»

It seems to me that jury instructions could be viewed as a kind of testimony provided by an expert witness (the judge) about what verdict must be returned based on what facts the jury finds to be true...

She demolishes the prosecution's expert testimony (provided by an automotive instructor of forensic studies for the Federal Bureau of Investigation) by explaining how the defendant's car could not have possibly made the tire tracks left by the killer's car.

However, the experts with the insurance company were determined not to have an adequate foundation of knowledge, and their testimony was not considered by the court.

I was surprised to open the Federal Rules of Evidence volume and click on Rule 702, governing testimony by experts, and find only one case, the 8th Circuit opinion in Fox v. Dannenberg, but no reference to the seminal case, Daubert v. Merrell Dow Pharmaceuticals.

Such malpractice actions require proof of each element of a malpractice claim — duty, breach, injury, causation, and damages — by a preponderance of the evidence and may require the testimony of experts with respect to more than one of these elements.

Among other things, the district court based its determination on its construction of the disputed term, relying on expert testimony presented by Teva that the term «molecular weight» was not ambiguous.

Plaintiffs must put on expert testimony, which is mandated by Daubert v. Merrell Dow Pharmaceuticals.

At trial plaintiff's counsel attempted to impeach a defense expert with his history of payment from a medical malpractice insurer, by whom he had been paid on several occasions for testimony or opinions.