| 25-6125 |
Sylvia Olivas, aka Sylvia Lee Gavaldon v. United States |
Ninth Circuit |
2025-11-14 |
Denied |
Response WaivedIFP |
dual-role-testimony evidence-admissibility expert-witness gatekeeping-role rule-403 rule-702 |
A witness who testifies as a lay witness offering either factual testimony and/or lay opinion testimony and also testifies as an expert offering exper… |
| 25A565 |
Johnson & Johnson Consumer Inc. v. Narguess Noohi, Individually and on Behalf of All Others Similarly Situated |
Ninth Circuit |
2025-11-14 |
Application |
|
circuit-split civil-procedure class-certification expert-testimony federal-rules-of-evidence rule-702 |
Whether federal district courts must apply the full rigor of Federal Rule of Evidence 702 at the class certification stage, or may conduct a more limi… |
| 24-485 |
Kirk Prest v. BP Exploration & Production, Incorporated, et al. |
Fifth Circuit |
2024-10-31 |
Denied |
Response Waived |
abuse-of-discretion epidemiological-evidence expert-testimony rule-702 scientific-reliability toxic-tort |
Whether a trial court may categorically exclude expert testimony in toxic tort cases without quantitative exposure data and whether the abuse of discr… |
| 21-6264 |
Marion Katrell Campbell v. United States |
Fourth Circuit |
2021-11-15 |
Denied |
Response WaivedIFP |
district-court-discretion due-process evidence evidence-admissibility federal-rules-of-evidence rule-404(b) rule-404b rule-702 trial-procedure |
Whether the district court improperly allowed Federal Rule of Evidence 404(b) & 702 in petitioner's trial |
| 21-6211 |
Cubby Wayne Williams v. United States |
Ninth Circuit |
2021-11-08 |
Denied |
Response WaivedIFP |
brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness |
Whether the district court committed reversible error by excluding expert evidence of the defendant's traumatic brain injury and its effects on his co… |
| 20-6141 |
David William Smith v. United States |
Fourth Circuit |
2020-10-27 |
Denied |
Response WaivedIFP |
burden-of-proof confrontation-clause evidence-rule-701 expert-testimony hearsay-evidence law-enforcement-testimony lay-opinion professional-experience rule-701 rule-702 testimonial-hearsay |
When can law enforcement officers offer lay opinions based on professional experience? |
| 20-533 |
Jeffrey Boudreau, as Personal Representative of the Estate of Wendy Boudreau v. Shaw's Supermarkets, Inc. |
First Circuit |
2020-10-22 |
Denied |
Response Waived |
business-invitee daubert daubert-standard expert-testimony foreseeability kumho premises-liability rule-702 summary-judgment |
Whether foreseeability of harm is a factual issue for the jury in a premises liability case |
| 19-855 |
Lenin Lugo v. United States |
Eleventh Circuit |
2020-01-08 |
Denied |
Amici (1) |
circuit-split expert-witness expert-witness-testimony federal-rules-of-evidence law-enforcement-opinion lay-witness lay-witness-testimony professional-experience rule-701 rule-702 |
Whether an opinion of a law enforcement officer that depends on the witness's professional experience is admissible as Rule 701 lay opinion or must me… |
| 19-5437 |
Ekaterini Alexopoulos v. Steven Goldsmith, P.A., et al. |
Florida |
2019-08-02 |
Denied |
IFP |
district-court-error duty-to-control duty-to-control-third-person ethics-violation expert-witness federal-rules-of-evidence legal-malpractice rule-702 special-relation standard-of-care |
Whether the District Court erred in disallowing plaintiff's expert witness testimony regarding ethics violations and its irrelevance to this case whic… |
| 18-8600 |
Tony McLeod v. United States |
Ninth Circuit |
2019-03-29 |
Denied |
Response WaivedIFP |
cell-phones circuit-split criminal-evidence digital-forensics expert-testimony federal-rules-of-evidence fourth-amendment internet-anonymity lay-testimony mens-rea rule-702 sixth-amendment statutory-interpretation |
Whether Cellebrite forensic data requires expert testimony |
| 18-327 |
N. K., an Infant, By His Mother and Natural Guardian, Tanja Bruestle-Kumra v. Abbott Laboratories |
Second Circuit |
2018-09-13 |
Denied |
|
alternative-causation alternative-cause causation-opinion daubert daubert-standard daubert-v-merrell-dow differential-diagnosis expert-testimony expert-testimony-admissibility federal-rule-of-evidence-702 genetic-causation genetic-testing rule-702 |
Whether additional genetic testing is required to eliminate a possible alternative cause when an expert has completed a differential diagnosis and exp… |