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Articles Posted in Daubert

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Labels & Warnings Expert Witness Testimony Not Allowed In Watercraft Case

Plaintiff filed suit against defendant related to an injury while riding a personal watercraft.  Plaintiff hired a Labels & Warnings Expert Witness to provide testimony.  Defendant filed a motion to exclude, which was granted by the district court.  Defendant appealed.  The opinion of the district court was affirmed. Facts:  This…

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Orthopedic Surgery Expert Witness Testimony Allowed In Part in Case Involving Spine Injury

Plaintiff filed suit against defendant related to a spine injury.  Plaintiff hired an Orthopedic Surgery Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court granted the motion in part and denied it in part. Facts:  This case (Wilke v. Transportation Insurance Company…

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Structural Engineering Expert Witness Testimony Allowed, in Part, In Construction Case

Defendant hired a Structural Engineering Expert Witness to provide testimony in a litigation involving the construction of a building.  Plaintiff filed a motion to exclude the testimony of this expert.  The court granted the motion to exclude in part and denied the motion in part. Facts:  This case (Jeanes v.…

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Information Technology Expert Witness Testimony Allowed In Interest Rate Litigation

Plaintiffs hired an Information Technology Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court denied the motion to exclude. Facts:  This case (Childress et al v. JPMorgan Chase & Co. et al – United States District Court – Eastern District of North…

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Insurance Adjuster Expert Witness Testimony Not Allowed

Plaintiff sued defendant related to a trademark infringement claim.  Defendant hired an Insurance Adjuster Expert Witness to provide testimony.  Plaintiff filed a motion to exclude this testimony.  The court granted the motion to exclude. Facts: This case (FCOA LLC v. FOREMOST TITLE & ESCROW SERVICES LLC – United States District Court…

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Automotive Expert Witness Testimony Allowed in Part

Plaintiff filed suit against defendant related to a motor vehicle collision.  Defendant hired an Automotive Expert Witness to provide testimony.  Plaintiff filed a motion to exclude this testimony.  The court granted the motion in part and denied it in part. Facts:  This case (Norma Navarro et al v. Fred Hamilton et…

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Cybersecurity Expert Witness Testimony Allowed in Data-Breach Lawsuit

Plaintiff filed suit against defendant related to a data-security breach.  Plaintiff hired a Cybersecurity Expert Witness to provide testimony.  The defendant filed a motion to exclude this testimony.  The court denied the motion to exclude. Facts:  This case (Southern Independent Bank v. Fred’s Inc. – United States District Court – Middle…

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Emergency Medicine Expert Witness Testimony Allowed

Plaintiff filed an indictment against defendant related to an unlawful distribution of controlled substances.  Plaintiff hired an Emergency Medicine Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert testimony.  The court denied the motion to exclude. Facts: This case (United States v. Shelton – United States District…

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Spine Surgery Expert Witness Testimony Allowed in Motor Vehicle Case

Plaintiff filed suit against defendant involving a motor vehicle accident.  The defendant hired a Spine Surgery Expert Witness to provide testimony.  The plaintiff filed a motion to exclude this expert from testifying.  The court denied the motion. Facts:  This case (Annese v. US Xpress Inc et al – United States District…

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Professional Engineering Expert Witness Testimony Allowed in Product Liability Lawsuit

Plaintiff filed suit against defendants involving a product liability claim.  The plaintiff hired a Professional Engineering Expert Witness to provide testimony.  The defendants have filed a motion to exclude this expert from testifying.  The court denied the motion to exclude. Facts:  This case (Jones v. Lowe’s Home Centers, LLC et al…

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