Overview: Automotive Engineering Expert Witness testimony allowed in part because the court concluded that Bloch’s testimony that alternative designs of the Silverado would have saved the plaintiff’s life was unreliable. Facts: This case (Miranda Polk v. General Motors, LLC – United States District Court – Middle District of Florida –…
Articles Posted in Daubert
ERISA Expert Witness Allowed in Pension Plan Documents Litigation
Overview: ERISA Expert Witness testimony allowed because the court ruled that the expert was qualified because she is a pensions lawyer who has represented plan sponsors, plan administrators, and service providers. Facts: This case (Zavislak v. Netflix, Inc – United States District Court – Northern District of California – January…
Mechanical Engineering Expert Witness Testimony Allowed
Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic. Facts: This case (Landi et al v. Home Depot USA, Inc. et al…
Weather & Meteorology Expert Witness Testimony Allowed in Part
Summary: A Weather & Meteorology Expert Witness allowed to testify, in part, in fire litigation caused by lightning despite objections from the plaintiffs that his testimony would not assist the trier of fact. Facts: This case (Philmar Dairy, LLC et al v. Armstrong Farms, et al – United States District…
Labor Economics Expert Witness Testimony Allowed in Discrimination Litigation
Summary: Labor Economics Expert Witness testimony is allowed because the court ruled that her expert opinions on the calculation of damages will help the jury. Facts: This case (EEOC v. Jackson National Life Insurance Company, et al – United States District Court – District of Colorado – March 31, 2023),…
Automotive Engineering Expert Witness Testimony Allowed in Design Defect Car Accident Litigation
Summary – Automotive Engineering Expert Witness testimony allowed even though the defendant argued that the expert witness did not physically test any of the alternate vehicle designs. Facts – This case (Druzba v. Honda Motor Company, Ltd. et al – United States District Court – District of Vermont – May…
Americans with Disabilities Act (ADA) Expert Witness Not Allowed in Six Flags Discrimination Case
Summary: Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. Facts – This case (Patterson v. Six Flags Theme Parks Inc., et al – United States District Court – Eastern District of California – May 9th, 2024)…
Admiralty & Maritime Expert Witness Testimony Allowed in Personal Injury Claim On A Cruise Ship
Summary – Admiralty & Maritime Expert Witness allowed even though the defendant argued that the expert is not qualified to offer an opinion on the locking mechanism on a chair on a cruise line simply by having worked on a cruise ship. Facts – This case (Martin-Viana v. ROYAL CARIBBEAN…
Biomedical Expert Witness Testimony Allowed in Ship Negligence Case
Summary – Biomedical Expert Witness testimony allowed even though the defense argued that the expert was not qualified to provide an opinion on unsafe conditions even though she is not a marine safety expert. Facts – This case (Tisdale v. Marquette Transportation Company, LLC et al – United States District…
Obstetrics & Gynecology (OB/GYN) Expert Witness Testimony Excluded in Pregnancy Litigation
Summary: Obstetrics & Gynecology (OB/GYN) Expert Witness testimony not allowed even though the expert testified that his opinion on the injuries were based on his own experience and expertise. Facts: This case (RASCHELLE GOFF V KAREN L NIVER MD – State of Michigan – Court of Appeals – June 18th,…