Mining Expert Witness to provide testimony because his experience in mining was sufficient to provide expert witness testimony, Facts: This case (CDS Family Trust, et al. v. Ernest R. Martin, et al. – United States District Court – District of Maryland – February 11th, 2019) involves an allegation that the…
Articles Posted in Daubert
Behavioral Science Expert Witness Testimony Excluded in Medical Malpractice Litigation
Behavioral Science Expert Witness was not allowed to testify because he was not allowed to provide medical advice. Facts: This case (Gjini v United States of America et al – United States District Court – Southern District of New York – February 8th, 2019) involves a claim of medical malpractice…
Health Care Economics Expert Witness Testimony Allowed in Clayton Act and Sherman Act Claim
Health Care Economics Expert Witness allowed to provide expert witness testimony despite the opposition’s claim that his testimony was unreliable. Facts: This case (PREMIER COMP SOLUTIONS, LLC v. UPMC HEALTH NETWORK, INC. et al – United States District Court – Western District of Pennsylvania – February 7th, 2019) involves a…
Sales Expert Witness Testimony Excluded in Bad Faith Litigation
Sales Expert Witness allowed to provide testimony despite opposition’s claims that he is not qualified. Facts: This case (Craig v. Xlear et al – United States District Court – State of Utah – Central Division – March 11th, 2019) involves a claim of bad faith and breach of contract. The…
Mathematical Sciences Expert Witness Testimony Not Allowed in Late Night Joke Litigation
Mathematical Sciences Expert Witness testimony not allowed as the court determined that there is too great a gap between the data and the proferred opinion. Facts: This case (Kaseberg v. Conaco, LLC et al – United States District Court – Southern District of California – April 16th, 2019) involves a…
Nephrology (Kidney) Expert Witness Testimony Allowed in Products Liability Litigation
Nephrology (Kidney) Expert Witness allowed to provide testimony as the court determined that his expert report will assist the jury. Facts: This case (Godelia et al v. ZOLL Services, LLC – United States District Court – Southern District of Florida – August 19th, 2019) involves a products liability claim. The…
Architecture Expert Witness Testimony Allowed in Slip and Fall Case
Architecture Expert Witness allowed to provide testimony as the court determined that he is qualified. Facts: This case (Pearson v. Wal-Mart Stores, Inc. et al – United States District Court – Southern District of Mississippi – June 5th) involves a slip and fall. The plaintiff argues that she slipped and…
Appraisal & Valuation Expert Witness Testimony Allowed in RV Product Liability Case
Appraisal & Valuation Expert Witness allowed to provide testimony because the court found that his testimony was relevant. Facts: This case (Pegg v. Nexus RVs LLC – United States District Court – Northern District of Indiana – July 2nd, 2019) involves the purchase of an RV, which, according to the…
Accident Reconstruction Expert Witness Testimony Excluded in Motor Vehicle Litigation
Plaintiff filed suit against defendant after a motor vehicle accident. Plaintiff hired a Accident Reconstruction Expert Witness to provide expert testimony. Defendant filed a motion to exclude this expert from testifying. The court granted the motion. Facts: This case (Beard v. Horwedel et al – United States District Court – Northern…
Business Valuation Expert Witness Testimony Allowed in ERISA Case
Plaintiff filed suit against defendant related to a claim under the Employee Retirement Income Security Act. Plaintiff hired a Business Valuation Expert Witness to provide testimony. Defendant filed a motion to exclude this testimony. The court denied the motion. Facts: This case (Secretary of Labor, U.S. Department of Labor v. Wilmington…