Checking out a published report, Erik Magraken contacted former New Mexico state senator Duncan Scott and found that it was true, the lawmaker had indeed introduced a legislative amendment in 1995 providing that:
When a psychologist or psychiatrist testifies during a defendant’s competency hearing, the psychologist or psychiatrist shall wear a cone-shaped hat that is not less than two feet tall. The surface of the hat shall be imprinted with stars and lightning bolts. Additionally, a psychologist or psychiatrist shall be required to don a white beard that is not less than 18 inches in length, and shall punctuate crucial elements of his testimony by stabbing the air with a wand. Whenever a psychologist or psychiatrist provides expert testimony regarding a defendant’s competency, the bailiff shall contemporaneously dim the courtroom lights and administer two strikes to a Chinese gong…
The amendment — intended satirically, one should hasten to add –”passed with a unanimous Senate vote” but was removed from its bill before consideration by the state house and never became law. (& Coyote, Above the Law)
Tagged as:
expert witnesses,
New Mexico,
psychiatry
“Macomb County Probate Court officials can’t explain how a man falsely claiming to be a medical doctor was allowed to decide whether people were mentally competent to handle their own estates and whether jail inmates needed mental health care.” [Detroit News]
Tagged as:
expert witnesses,
Michigan,
psychiatry
The recent British decision of Jones v. Kaney points in that direction, and one expert in Canada says, “Bring it on” (via Erik Magraken):
I like Britain’s approach because everyone, including expert witnesses, should be responsible for their actions. … I make an error or I provide care that’s below standard, I should be held responsible and I am. I don’t see why that responsibility should disappear because I’m now acting as an expert on the witness stand in court.
Tagged as:
expert witnesses,
United Kingdom
Horrifying Seattle Times investigation:
For a quarter century [Stuart] Greenberg testified as an expert in forensic psychology, an inscrutable field with immense power. Purporting to offer insight into the human condition, he evaluated more than 2,000 children, teenagers and adults. His word could determine which parent received custody of a child, or whether a jury believed a claim of sexual assault, or what damages might be awarded for emotional distress. …
His peers elected him their national president. But his formidable career was built upon a foundation of hypocrisy and lies.
Tagged as:
child custody,
expert witnesses,
psychiatry,
Washington state
A Frontline/NPR/Pro Publica joint investigation makes a powerful case that prosecutors have drawn on the work of errant labs and expert witnesses to generate unreliable charges, and sometimes convictions, following unexplained deaths of children. Among the targets: numerous parents falsely accused of murdering their own children.
Tagged as:
expert witnesses,
prosecution
- First Amendment wins as SCOTUS strikes down violent-videogame ban [Ilya Shapiro, Hans Bader] Justice Scalia cites “Snow White” and “Hansel and Gretel” [Ann Althouse]
- More Wal-Mart v. Dukes analysis [Schwartz, Althouse, Trask, Fisher, Beck, Sergio Campos/Prawfs] And aftermath for the litigants and others: ABA Journal (Pelosi wants legislative fix), CLP (plaintiffs), Reuters (law firm that’s won hundreds of millions in class actions complains it’s sunk $7 million into the case), Ted Frank (responding to that), Bay Citizen (”Foundations Could Pull Plug on Wal-Mart Suit”).
- “Would the REINS Act Rein In Federal Regulation?” [Jonathan Adler, Regulation magazine (PDF)]
- “Hypotheses Are Verified By Testing, Not By Submitting Them To Lay Juries For A Vote” [David Oliver; Drug and Device Law on denture cream product liability suit]
- Clash between federalism and some med mal reform proposals could have implications for ObamaCare battle [John Baker, Daily Caller; earlier]
- Dan Snyder Gets a Taste of D.C.’s New Anti-SLAPP Law [Citizen Media Law, earlier]
- Court skeptical of testimony of lap dance expert [Legal Blog Watch]
Tagged as:
expert witnesses,
federalism,
First Amendment,
regulation and its reform,
videogames,
Wal-Mart v. Dukes
- In suit over weird, elaborate online hoax, court allows fraudulent-misrepresentation claim despite lack of motive of tangible gain [Chi Trib]
- Service animal rodeo: “A trained rat probably would have had a good case in California” [AP/Statesman-Journal] Broward County, Fla. backs lonely widow’s right to keep “prescription Chihuahua” against rules of condo board [AOL, Sun-Sentinel] Oklahoma: “Depressed Woman Fights to Keep Therapy Kangaroo” [Newser] Earlier on recent change in federal rules;
- Should lawmakers screen bills for constitutionality? Ms. Lithwick has trouble sticking to a position [AEternitatis]
- Human-relations complaint leads to arrest of U.K. man for singing “Kung Fu Fighting” [MSNBC]
- Barney Frank: Yes, let’s talk about med-mal reform [The Hill] Ringing the bell: Roundups of more big med-mal verdicts [White Coat, more]
- “Expert Witnesses Stripped Of Immunity From Negligence Suits In The UK” [Erik Magraken]
- “Sustainability”: an empty idea? Or perhaps actively wrongheaded? [David Friedman via David Henderson]
Tagged as:
Barney Frank,
Dahlia Lithwick,
expert witnesses,
hate speech,
medical malpractice,
music and musicians,
service animals,
United Kingdom
St. Luke’s Hospital in Pennsylvania’s Lehigh Valley is suing a lawyer and law firm “for proceeding with cases that the attorneys [allegedly] knew were ‘baseless and lacking in evidence,’” and is also suing an expert for allegedly filing a “boilerplate” certificate of merit. The cases in question are among many filed claiming that patients were killed by notorious “Angel of Death” nurse Charles Cullen; hospitals say that while some of the suits were filed on behalf of actual Cullen victims, others piled on seeking compensation for bad outcomes that had nothing to do with the murderer. Damages for wrongful litigation are notoriously hard to win in American courts. [White Coat]
Tagged as:
expert witnesses,
hospitals,
loser pays,
Pennsylvania
Fix the incentives that underlie the system’s pervasive failures, argues the journalist who’s exposed crime-lab scandals and expert unreliability in a series of widely discussed articles. [Reason]
Tagged as:
expert witnesses,
police
In dozens of prosecutions each year, parents or caregivers are charged after infants who died under their care have been found to display supposedly infallible indicators of abuse — in particular, subdural and retinal hemorrhage with brain swelling. Many convicted defendants stoutly maintain their innocence all along; others are sent to prison on the basis of equivocal “confessions”. Even when (as is common) there is no pattern of previous child abuse, it often happens that authorities remove other children from an alleged abuser’s home as legal action proceeds. Has the hope of using cutting-edge forensics to identify abusers wound up leading the authorities and courts to inflict new injustices? [Emily Bazelon, New York Times Magazine] More: Balko.
Tagged as:
child abuse,
expert witnesses
- Eugene Volokh on Lineage II “addictive videogame” lawsuit [Volokh Conspiracy, earlier]
- New “Trial Lawyers Inc.” report on environmental litigation [Manhattan Institute, related from Jim Copland on a Richard Blumenthal suit]
- Furor continues over Philadelphia’s $300 “business privilege tax” on bloggers and other low-revenue businesses [City Paper, Instapundit, Atlantic Wire, Kennerly]
- “DoJ seeks Ebonics translators” story affords glimpse of oft-abused market for prosecution experts [Ken at Popehat]
- Much more on FASB show-the-adversary-your-cards litigation accounting proposals [Cal Biz Lit and more, Beck, Hartley, ShopFloor, PoL (with Chamber views), earlier]
- “The Many Ways In Which Fashion Copyrights Will Harm The Fashion Industry” [Masnick, TechDirt, on the Innovative Design Protection and Piracy Prevention Act, earlier links here]
- Denmark carries out a real-world experiment in the incentive effects of unemployment compensation [Stossel]
- “Junk fax” suit demands $2 trillion [eight years ago at Overlawyered]
Tagged as:
accounting,
bloggers and the law,
copyright,
Denmark,
environment,
expert witnesses,
Philadelphia,
taxes,
unemployment benefits,
videogames
