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Articles Posted in Daubert

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Property Management Expert Witness Testimony Excluded in Slip and Fall Case

Plaintiff filed suit against defendant related to a slip and fall.  Plaintiff hired a Property Management Expert Witness to provide testimony.  Defendant filed a motion to exclude the testimony.  The court granted the motion to exclude. Facts: This case (Ackerman et al v. U-Park, Inc. – United States District Court –…

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Psychology Expert Witness Testimony Allowed

Plaintiff filed suit against defendant related to a motor-vehicle collision. Defendant hired a Psychology Expert Witness to provide testimony.  Plaintiff filed a motion to exclude this expert from testifying.  The court denied the motion to exclude. Facts:  This case (Schmidt v. United States of America – United States District Court…

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Actuary – Actuarial Expert Witness Testimony Allowed

Relators filed suit against the defendants related to an alleged violation of the False Claims Act.  Relators hired an Actuary – Actuarial Expert Witness to provide testimony.  Defendants filed a motion to exclude this expert from testifying.  The court denied the motion to exclude. Facts:  This case (United States of…

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Life Insurance Expert Witness Testimony Allowed In Part

Plaintiffs filed suit against the defendant related to a denial of a life insurance claim.  Plaintiffs hired a Life Insurance Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court denied the motion in part and granted it in part. Facts:  This case…

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Structural Engineering Expert Witness Testimony Allowed

Plaintiff filed suit against defendants related to an insurance dispute.  Plaintiff hired a Structural Engineering Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert testimony.  The court granted the motion. Facts:  This case (Affinity Mutual Insurance Company v. Thacker Air Conditioning-Refrigeration-Heating Inc – United States District…

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Physical Medicine & Rehabilitation Expert Witness Testimony Allowed

Plaintiff filed suit against defendants related to a slip and fall.  Plaintiff hired a Physical Medicine & Rehabilitation Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court denied the motion. Facts:  This case (Prettyman v. Apple Central KC – United States District…

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Design Engineering Expert Witness Testimony Allowed

Plaintiff filed suit against the defendants related to an insurance claim after a hurricane.  The plaintiff hired a Design Engineering Expert Witness.  The defendant filed a motion to exclude this expert from testifying.  The court denied the motion to exclude. Facts:  This case (Kennedy v. Electric Insurance Company – United…

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Urology Expert Witness Testimony Allowed in Medical Malpractice Case

Summary: The court ruled that a Urology Expert Witness will be able to testify in a medical malpractice case. Facts: In this case (Robert Teel v. United States of America – United States District Court – Northern District of Oklahoma – January 7th, 2020) involves a medical malpractice claim brought…

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Breast Surgery Expert Witness Allowed to Testify in Breast Cancer Case

Expert Witness Summary: Breast Surgery Expert Witness was allowed to testify despite his opinion was based entirely on clinical experience and not from other studies. Discussion: In Cross v. Wyeth Pharmaceuticals, Inc., U.S. District court, Middle District of Florida, 2011 (Case 8:06-cv-429-t-23AEP) the plaintiffs in this filed a motion to…

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