Summary: Law & Legal Expert Witness testimony is not allowed even though the plaintiffs maintain that the expert’s opinion on the retention of FTCs was a best practice analysis. Facts: This case (Romano et al v. John Hancock Life Insurance Company – United States District Court – Southern District of…
Articles Posted in Daubert
Biomechanics Expert Witness Testimony Allowed in Part in Tesla Crash Litigation
Summary: Biomechanics Expert Witness testimony allowed in part even though the defendant argued that the tests relied on by the expert were single-impact and non multi-impact. Facts: This case (Riley v. Tesla, Inc – United States District Court – Southern District of Florida – May 11th, 2022) involves a fatal…
Printing & Publishing Expert Witness Testimony Not Allowed in Copyright Litigation
Summary: Printing & Publishing Expert Witness not allowed to testify even though the plaintiff argued that the expert was qualified to offer an opinion on fair use based on his decades of work on websites in the newspaper industry. Facts: This case (Emmerich Newspapers, Incorporated v. Particle Media, Inc. et…
Law Enforcement Expert Witness Testimony Allowed in Civil Rights Litigation
Summary: Law Enforcement Expert Witness testimony allowed despite the plaintiff’s argument that his opinions are biased and that the defendants are lying, which does not support the facts of the case. Facts: This case (Wood v. City of San Antonio et al – United States District Court – Western District…
Statistics Expert Witness Testimony Allowed in Marketing Litigation
Summary: Statistics Expert Witness testimony allowed despite the defendant’s argument attacking the expert’s claim rate and its release of an allegedly defective product. Facts: This case (Cone et al v. Sanitarios Lamosa S.A. DE C.V. et al – United States District Court – Eastern District of Texas – March 28th,…
Human Factors Engineering Expert Witness Testimony Not Allowed in Products Liability Case
Summary: Human Factors Engineering Expert Witness not allowed to provide testimony as the defendants argued correctly that the expert is a psychologist and human factors expert and not an engineer. Facts: This case (GOMEZ et al v. HARBOR FREIGHT TOOLS USA INC et al – United States District Court –…
Forensic Accounting Expert Witness Testimony Allowed in Age Discrimination Case
Summary: Forensic Accounting Expert Witness testimony is not excluded even though the defendant argued that the expert made assumptions that the plaintiff would work to a specific age. Facts: This case (Kinney v. IBM – United States District Court – Western District of Texas – July 8th, 2022) involves a…
Oncology Expert Witness Testimony Partly Allowed in Cancer Lab Employment Case
Summary: Oncology Expert Witness testimony granted in part even though the defendant argued that the expert does not have experience in T-32 NIH training grants Facts: This case (DURANDO v. THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA – United States District Court – Eastern District of Pennsylvania – July 6th,…
Environmental Engineering Expert Witness Testimony Allowed in Part in Storm Sewer System Litigation
Summary: Environmental Engineering Expert Witness testimony allowed in part even though the defendants argued that the expert was not qualified to offer an opinion because he is not a licensed chemical engineer in California. Facts: This case (San Francisco Baykeeper v. Sunnyvale et al – United States District Court –…
Roofing Expert Witness Testimony Allowed in Hail Storm Damage Litigation
Summary: Roofing Expert Witness allowed to testify even though the defendant argued that the expert did not provide any reasoning which ties the data he relied on to the conclusions he made in his report with respect to roof damage. Facts: This case (J.A. LANIER & ASSOCIATES, INC. v. ROBBINS…