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Articles Posted in Daubert

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Electrical Engineering Expert Witness Testimony Not Allowed in House Fire Case

Electrical Engineering Expert Witness not allowed to provide testimony as the expert admitted that he did not perform any calculations. Facts: This case (Mutersbaugh, et al. v. General Electric, Inc. – United States District Court – Northern District of Ohio – March 28th, 2019) involves a fire at a residence. …

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Pain Management Expert Witness Testimony Allowed in Drugs Litigation

Pain Management Expert Witness allowed to provide testimony as the court opined that he is qualified to testify. Facts:  This case (United States of America v. Nasher-Alneam – United States District Court – Southern District of West Virginia – March 25th, 2019) involves a criminal complaint against a physician.  The…

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Law Enforcement Expert Witness Testimony Not Allowed in Carjacking Case

Law Enforcement Expert Witness not allowed to testify as the defendant argued that he testimony was not based on enough data or facts. Facts: This case (Lilley v. CVS Health, et al. – United States District Court – District of Mexico – March 22nd, 2019) involves a carjacking in the…

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Police Procedures Expert Witness Testimony Partially Allowed in Excessive Force Litigation

Plaintiff sued defendant related to excessive force.  Plaintiff hired a Police Procedures Expert Witness to provide testimony.  Defendant filed a motion to exclude the testimony of this expert.  The court granted the motion in part and denied it in part. Facts:  This case (Estate of Casimero Casillas et al v. City…

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Behavioral Science Expert Witness Testimony Partially Allowed in Discrimination Case

Plaintiff sued defendant related to a claim of discrimination.  Defendant hired a Behavioral Science Expert Witness to testify on their behalf.  Plaintiff filed a motion to exclude this expert from testifying.  The court granted the motion in part and denied it in part. Facts:  This case (Yu v. Idaho State University…

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Human Factors Engineering Expert Witness Testimony Allowed in Civil Rights Case

Plaintiff filed suit against defendant related to a civil right action.  Plaintiff hired a Human Factors Engineering Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court denied the motion. Facts:  This case (McKinney v. Franklin County Illinois et al – United States District…

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Mechanical Engineering Expert Witness Testimony Excluded in Personal Injury Case

Plaintiff filed suit against defendants after being injured after a fall.  Plaintiff hired a Mechanical Engineering Expert Witness to provide testimony.  Defendants filed a motion to exclude, which was granted by the court. Facts:  This case (HOOK et al v. WHITING DOOR MANUFACTURING CORP. et al – United States District Court…

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Vocational Evaluation & Rehabilitation Expert Witness Testimony Allowed in Employment Litigation

Plaintiff filed suit against defendant related to a personal injury claim.  Defendant hired a Vocational Evaluation & Rehabilitation Expert Witness to provide testimony.  Plaintiff filed a motion to exclude this expert, which was denied by the court. Facts:  This case (HOWARD v. DEMO SALVAGE – United States District Court – District…

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Elevator & Escalator Expert Witness Allowed to Testify in Personal Injury Litigation

Summary:  Elevator & Escalator Expert Witness testimony allowed despite plaintiff’s argument that the escalator was not inspected by the expert. Facts:  This case (Cabrera v. Macy’s Florida Stores, LLC – United States District Court – Southern District of Florida – November 29th, 2021) involves a personal injury claim whereas the…

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Marine Engineering Expert Witness Testimony Partially Allowed in Vessel Litigation

Summary: Marine Engineering Expert Witness testimony allowed in part as the court opined that the expert is qualified to offer opinions in case. Facts:  This case (Dukes v. Zafiro Marine – United States District Court – Eastern District of Louisiana – December 14th, 2018) involves personal injuries allegedly sustained by…

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