Cardiology Expert Witness not allowed to testify because he did not review the plaintiff’s medical file. Facts: This case (Noon v. CARNIVAL CORPORATION – United States District Court – Southern District of Florida – November 6th, 2019) involves a wrongful death action action against a cruise line. The plaintiff, Randall…
Articles Posted in Daubert
Business Valuation Expert Witness Excluded From Testifying in High School Athletics Case.
Business Valuation Expert Witness not allowed to testify because the court opined that his testimony was not based on reliable methodology. Facts: This case (Chung et al v. Washington Interscholastic Activities Association – United States District Court – Western District of Washington – May 18th, 2021) involves a claim by…
Architect Liability Expert Witness Not Allowed to Testify in an Injury Damages Dispute
Summary: An Architect Liability Expert Witness was not allowed to testify regarding damages caused by a fall because of flawed methodology to determine faults in infrastructure. Facts: This Case John W. Robinson v. American Multi-Cinema, Inc, Case No. 20-946 Section “G” (United States District Court Eastern District of Louisiana) involves…
Police Procedures Expert Witness Testimony Allowed, In Part, In Unlawful Seizure Litigation
Police Procedures Expert Witness Testimony partially allowed, as the court opined that his testimony will be limited to professional standards. Facts: This case (RAINSBERGER v. BENNER – United States District Court – Southern District of Indiana – November 18th, 2019) involves a claim of unlawful seizure in violation of the…
Business Valuation Expert Witness Not Allowed to Testify in Technology Licensing Dispute
Summary: A Business Valuation Expert Witness was not allowed to testify regarding infringement of a company’s technology patent because he used improper methodology. Facts: This case Via Vadis, LLC et al v. Amazon.Com, Inc.,Case No. 1:2014cv00813 (United States District Court Western District of Texas) involves a disagreement over ownership…
Auto Insurance Expert Witness and Bad Faith Expert Witness Partially Allowed to Testify in Vehicle Collision Case
Summary: An Auto Insurance Expert Witness and a Bad Faith Expert Witness were allowed to testify in part regarding a vehicle collision that led to bad faith management of insurance claims. Facts: This case McGee v. Zurich American Insurance Company, Case No. 2:2017cv04024 (United States District Court For The District…
Accident Reconstruction Expert Witness Testimony Allowed in Motor Vehicle Accident Litigation
Accident Reconstruction Expert Witness allowed to provide testimony as the court determined that he was qualified to testify. Facts: This case (Franco v. Mabe Trucking Co Inc – United States District Court – Western District of Louisiana – March 6th, 2019) involves a motor vehicle accident. In November 2015, the…
Internal Medicine Expert Witness Testimony Excluded in Asbestos Litigation
Internal Medicine Expert Witness not allowed to provide testimony as the court opined that he reached his opinion solely using a literature review. Facts: This case (Collins v. BNSF Railway Company – United States District Court – Southern District of Texas – March 5th, 2019) involves a negligence claim under…
Americans with Disabilities Act (ADA) Expert Witness Testimony Excluded in Police Station Accessibility Case
Americans with Disabilities Act (ADA) Expert Witness not allowed to provide testimony as the court ruled that his opinion was unreliable. Facts: This case (Disabled in Action v. City Of New York et al. – United States District Court – Southern District of New York – March 4th, 2019) involves…
Safety Engineering Expert Witness Allowed in Part in Slip and Fall Case
Safety Engineering Expert Witness allowed to testify as the court opined that he has the experience to do so. Facts: This case (SPITKO et al v. HARRAH’S ATLANTIC CITY PROPCO, LLC – United States District Court – District of New Jersey – March 28th, 2019) involves a slip and fall…