...Industrial Commission may apply its fact-finding function to the whole of a witness' testimony and also to the parts which form such whole. 4.... Later Symptoms — Relation — Previous Injury — Testimony — Surgeon — Claimant — Reopening of Claim. Where claimant and his surgeon both testified that 1964 symptoms were related to claimant's 1961.... This is a workmen's compensation case. It is here by writ of error to review the judgment of the District Court in and for the City and County of Denver affirming the findings and award...

....2d 363 (Tex.Crim.App. 1994) (expert witness did not connect generic testimony concerning the psychological profile of a particular type of offender to the facts of the case...evening. Cromin also specified how many beers he recalled appellant drinking, as well as the time of day the last beer was consumed. Appellant then offered expert witness testimony by.... II. The State's first point of error claims "the court of appeals erred in failing to consider the `fit' requirement for the admissibility of expert testimony...

...— specifically challenged the admissibility of the expert testimony in its briefing and detailed the legal bases for its exclusion (e.g., methodology deficiencies under Daubert). In its motion to..., 1229 (concluding that in a case "where the expert testimony is crucial to the ultimate outcome, is vigorously challenged, and has several obvious areas of concern," it was unreasonable for the court...Dissenting Op. at 1278. Far from it. As painstakingly recounted herein, Mr. Nacchio had ample opportunity to make his case for the admission of Professor Fischel's expert testimony to support his...

...for Camello's heat-up order. The State then indicated it intended to offer Investigator Timoteo Vazquez as an expert witness. Prior to receiving his testimony, the trial court...expert testimony for the purpose of showing motive. Although we accept those cases as satisfying the test for reliability of gang expert testimony in the present case, we do not decide whether the...court informed the jury that [i]n the case of an expert witness, a witness can give testimony or information or opinion in matters in which he is versed...

...witnesses. The trial court held that the Whites could not use these depositions for any purpose until the defendants actually called the expert as a witness. We disagree...determine that the parties are undertaking to suppress evidence or seeking to shield the expert witness from discovery for any other improper purpose that violates the clear purpose and intent of the...); Castellanos v. Littlejohn, 945 S.W.2d 236, 239-40 (Tex.App. 1997). Likewise, courts have held that the redesignation of an expert witness does not affect right of discovery for examining...

...respondent for over $220,000 in litigation expenses, including substantial expert witness fees. The District Court held that Federal Rule of Civil Procedure 54(d) granted it discretion to exceed the $30-per..., dissenting. In these two cases, prevailing defendants sought reimbursement for expert witness fees pursuant to Federal Rule of Civil Procedure 54(d). The Rule provides that "[e]xcept...properly before the Court in No. 86-328, either. In that case, petitioner, a prevailing civil rights defendant, made a motion for attorney's fees "and expenses" under § 1988 and filed a bill of costs...

...Minn. Stat. § 518.58 (1998) (governing division of marital property). It is a common practice for each party to present expert testimony or appraisal evidence concerning the value of the property, after...discovery. But, appellant's failure to produce adequate evidence is intertwined with the combined nature of the reopening and property division hearings in this case. Because we find the combined...' marital termination agreement contained material mistakes, we affirm the district court's decision to reopen the judgment based on that agreement. Because we conclude the combined reopening and property...

...Eli Lilly, the manufacturer of Prozac. After discovery, Eli Lilly moved for summary judgment on various grounds and to exclude the testimony of Rimbert's sole expert witness on the question of...prior rulings. The second district judge granted Eli Lilly's motion to exclude Rimbert's expert witness. Rimbert immediately moved for a new scheduling order allowing him time to name a new expert, which...motion to exclude the testimony of Rimbert's sole expert witness under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579...

...prosecution, whether the motion to continue was for the purpose of reopening the issue of competency or reliability of hearsay statements or to secure an expert for trial. However, defense counsel made clear.... See RCW 10.46.085. In the case at bar, Downing moved for a continuance in order to secure expert testimony for the express purpose of reconsidering the trial court's....2d 822, 830, 845 P.2d 1017 (1993). Denying a defendant's motion for a continuance to secure the testimony of a witness because the defendant...

...Ratto case, however, the witness here was involved in the application process and not just in preparing evidence. The ALJ was entitled to consider this factor in evaluating her testimony...responsible for determining credibility and resolving conflicts in medical testimony."). 3. Rejection of Hutchinson's Testimony...rejecting her testimony: (1) Hutchinson saw Crane for only two weeks before the date last insured; (2) her treating notes suggested that Crane suffered from depression and anxiety, but had varying...

...whether defendant could have formed the requisite intent for the crimes charged. The trial court permitted the defense to introduce the expert testimony of a forensic psychiatrist...conviction and order a new trial. In a sense, opinion testimony of an expert witness necessarily enters upon the jury's province, since the expert — and not the jury — draws...exercise its discretion because it erroneously perceived that it had no discretion to exercise. This was not a proper application of the test for expert testimony, and presents a legal issue for review...

...testimony Plaintiff raises two objections to the expert vocational testimony relied upon by the ALJ for his determination that a significant number of jobs matching plaintiff's...with the use of vocational experts. Section 404.1566(d) obviates the need for formal admission of reliable job data, through expert testimony or otherwise, where it is "available...at 58-62, the expert's testimony provided a proper basis for adverse determination of this case. In contrast, plaintiff's counsel was able to...

...which the Crawford rule limits an expert witness from relating case-specific hearsay content in explaining the basis for his opinion. In addition, we clarify the proper application of...legitimate subject for expert opinion. (3) That an associate of the defendant had a diamond tattooed on his arm would be a case-specific fact that could be established by a witness...[Expert Witness Testimony].) Without independent competent proof of those case-specific facts, the jury simply had no basis from which to draw such a conclusion. The court also confusingly instructed...

...time on appeal. A. Improper Testimony ¶24 A trial court's decision to admit expert testimony is reviewed for abuse of discretion...are impermissible opinion testimony, the court will consider the circumstances of the case, including the following factors: "(1) `the type of witness involved,' (2) `the specific nature of the...that improper witness testimony can be raised for the first time on appeal as a manifest constitutional error...

.... This Court's enlightened exposition of the battered women's syndrome, drawn from the record in this case lays a firm foundation for a determination of the admissibility of expert testimony relating to.... These criteria for the admissibility of expert testimony relative to the battered women's syndrome have been met in this case. Because the battered women's syndrome is a...final requirement of Evidence Rule 56(2) for the admission of expert testimony is the showing that the proffered expert witness has sufficient expertise to testify. State v. Cavallo...

...appeals correctly held, however, that there was no authority for the proposition that evolution of medical opinion after a case is closed will justify reopening (slip op. at 8, citing...medical treatment which first becomes necessary or appropriate after the case has been closed is directly contrary to the spirit of the Workers' Compensation Act. The need for liberal reopening standards..., and Rule 23, Ariz.R.Civ.App.P., 17A A.R.S. We granted review to reexamine our previous decisions regarding the grounds for reopening. Rule 23(c)(4), supra. FACTS...