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Articles Posted in Daubert

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Psychology Expert Witness Testimony Excluded in Juvenile Center Litigation

Summary: Psychology Expert Witness testimony was not allowed as the court opined that the expert’s opinions about the conditions in the mental health facility were not relevant. Facts:  This case (Doe v. Shenandoah Valley Juvenile Center Commission – Virginia Western District Court – December 13th, 2018) involves detainees who are…

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Forensic Accounting Expert Witness Testimony Excluded in Hotel Litigation

Summary: Forensic Accounting Expert Witness testimony not allowed as the court opined that the expert did not have first-hand knowledge of the case at hand. Facts:  This case (Raab v. Wendel et al – United States District Court – Eastern District of Wisconsin – December 7th, 2018) involves a business…

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Psychology Expert Witness Testimony Allowed in Employment Litigation

Summary: Psychology Expert Witness allowed to testify as the court opined that the expert has sufficient basis for his opinions. Facts:  This case (David Lillie v. Mantech Int l Corp., et al – United States District Court – Central District of California – December 3rd, 2018) involves a claim by…

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Railroad Expert Witness Testimony Allowed in Personal Injury Claim

Summary: Railroad Expert Witness allowed to provide expert testimony as the court opined that the credibility of the expert can be determined at cross-examination. Facts:  This case (Siemers v. BNSF Railway Company – United States District Court – District of Nebraska – December 6th, 2018) involves a personal injury claim. …

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Geology Expert Witness Testimony Excluded in Groundwater Contamination Litigation

Summary: Geology Expert Witness not allowed to provide testimony as the expert did not explain how his conclusions were more than guesses. Facts:  This case (Varlen Corp. v. Liberty Mutual Insurance Co – United States Court of Appeals For the Seventh Circuit – May 16th, 2019) involves groundwater contamination related…

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Accident Reconstruction Expert Witness Testimony Allowed in Insurance Case

Summary: Accident Reconstruction Expert Witness allowed to provide testimony in automobile accident case as the court opined that his testimony is relevant. Facts:  This case (Williams v. American Family Mutual Insurance Company, S.I. – United States District Court – District of Colorado – June 17th, 2019) involved an automobile accident. …

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Criminology Expert Witness Testimony Allowed in Wrongful Death Action

Summary: Criminology Expert Witness testimony allowed by the court as other courts have allowed the expert to provide testimony on his area of topic. Facts:  This case (Surface et al v. Conklin et al – United States District Court – Southern District of Ohio – November 30th, 2018) involves a…

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Pharmacology Expert Witness Testimony Allowed in Wrongful Distribution of Medicine Claim

Summary: Pharmacology Expert Witness allowed in case claiming wrongful distribution of medication even though his report was produced from the facts in the case. Facts:  This case (Mason v. CVS Health – United States District Court – Southern District of Ohio – May 3rd, 2019) involves a products liability and…

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Personal Property Valuation Expert Witness Testimony Allowed In Property Damage Litigation

Summary: Defendant hired a Personal Property Valuation Expert Witness to provide testimony in relation to damage caused by Hurricane Harvey despite the plaintiff’s claim that the expert did not keep his notes. Facts:  This case (Mt Hawley Insurance Company v. TFP Properties III LLC – United States District Court –…

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Mechanical Engineering Expert Witness Testimony Allowed in Crash Lawsuit

Summary: Mechanical Engineering Expert Witness testimony not excluded in off-road crash and rollover case as the court opined that his testimony was based on a flawed methodology. Facts:  This case (Thompson et al v. Polaris Industries Incorporated et al – United States District Court – District of Arizona – May…

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