Summary: Public Opinion & Survey Research Expert Witness testimony allowed in Fair Housing Act case even though his expertise is in mixed methods and not specifically social sciences. Facts: This case (National Fair Housing Alliance et al v. Bank of America, National Association et al – United States District Court…
Articles Posted in Daubert
Forensic Accounting Expert Witness Testimony Allowed in Employment Stock Option Litigation
Summary: Forensic Accounting Expert Witness testimony is allowed even though the defendant argued that the expert’s discussion of common stock options was a legal conclusion. Facts: This case (Lindland v. TuSimple, Inc. et al – United States District Court – Southern District of California – October 24, 2022) involves a…
Compensation Expert Witness Testimony Not Allowed in Employment Discrimination Litigation
Summary: Compensation Expert Witness expert witness testimony not allowed even though the plaintiff blamed the defendant for the plaintiff’s failure to supplement the expert’s July 2020 report. Facts: This case (Robles v. Eminent Medical Center LLC et al – United States District Court – Northern District of Texas – August…
Elevator & Escalator Expert Witness Testimony Allowed in Part in Elevator Fall Case
Summary: Elevator & Escalator Expert Witness testimony allowed in part even though the defendant argued that while he has experience with commercial elevators, he does not have experience with residential elevators. Facts: This case (Voeltz v. Bridge Charleston Investments E LLC et al – United States District Court – District…
Emergency Medicine Expert Witness Testimony Allowed in Construction Personal Injury Case.
Summary: Emergency Medicine Expert Witness testimony allowed even though the defendant argued that the expert’s use of descriptive words to describe the decedent’s pain is subjective in nature. Facts: This case (Burrows et al v. 3M Company – United States District Court – Western District of Washington – August 12,…
Occupational Medicine Expert Witness Testimony Allowed in Discrimination Lawsuit Against City of Chicago
Summary: Occupational Medicine Expert Witness testimony allowed even though the plaintiffs argued that he did not conduct a validation study pursuant to specific EEOC Guidelines. Facts: This case (Livingston et al v. City of Chicago – United States District Court – Northern District of Illinois – April 6th, 2022) involves…
Nutrition Expert Witness Testimony Allowed in Dietary Supplement Mislabeling Litigation
Summary: Nutrition Expert Witness testimony allowed despite the defendants argument that he contradicted his own previous opinions that “ALL of the SAM-e manufactured by Vitamins Because was deficient.” Facts: This case (Malgeri et al v. Vitamins Because LLC et al – United States District Court – Southern District of Florida…
Addiction Medicine Expert Witness Allowed in Prescription Conspiracy Litigation
Summary: Addiction Medicine Expert Witness testimony is allowed because the court ruled that the expert’s testimony will not include a legal opinion Facts: This case (United States v. Taylor – United States District Court – Eastern District of Kentucky – December 2., 2022) involves a claim by the United States…
Environmental Engineering Expert Witness Testimony Allowed in Hazardous Contaminant Spill Litigation
Summary: Environmental Engineering Expert Witness allowed to testify even though the defendant argued that he did not follow NCP standards when obtaining field samples of a hazard contaminant. Facts: This case (Courtland Co. v. Union Carbide Corp. – United States District Court – Southern District of West Virginia – April…
Business Valuation Expert Witness Testimony Allowed in Part in Securities Lawsuit
Summary: Business Valuation Expert Witness testimony allowed in part because the plaintiff’s charge that Dr. Finnerty relied on unknown information should be discussed on cross-examination. Facts: This case (Overwell Harvest, Limited v. Widerhorn et al – United States District Court – Northern District of Illinois – December 2, 2022) involves…