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Articles Posted in Daubert

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Firearms & Ballistics Expert Witness Allowed to Testify Despite No Daubert Hearing

Summary: A Daubert Hearing was unnecessary for a Firearms & Ballistics Expert Witness testifying regarding a bullet comparison. Facts: In Walters v. Kentucky (Commonwealth of Kentucky Court of Appeals), the court affirmed a judgment of the circuit court sentencing the defendant to ten years imprisonment for various criminal offenses, including…

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Forensic Psychology Expert Witness’ Testimony is Relevant in Insanity Defense

Summary: A conviction for assault with a deadly weapon with intent to do bodily harm and assault causing serious bodily injury was vacated, and the case was remanded for a new trial.  The court ruled that defendant should have been allowed to have his Forensic Psychology Expert Witness  testify, which…

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Forensic Engineering Expert Witness Testimony Allowed.

Plaintiff filed a lawsuit against the defendant related to a slip and fall accident.  The plaintiff hired a Forensic Engineering 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 (SLAPPY-SUTTON et al v. SPEEDWAY…

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Food Expert Witness Testimony Allowed

Plaintiff filed suit against the defendant related to the detention of food products.  Plaintiff hired a Food Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert witness.  The court denied the motion to exclude. Facts:  This case (F.E.I. Company v. The United States of America –…

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Ophthalmology Expert Witness Testimony Allowed In Part

Plaintiff filed suit against defendants related to an alleged injury while in prison.  Plaintiff hired an Ophthalmology Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert witness testimony.  The court granted the motion in part and denied it in part. Facts:  This case (Montanez v. Trost…

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Food Expert Witness Testimony Allowed

Plaintiff filed suit against defendants related to product labeling.  Defendant hired a Food 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 (Hilsley v. Ocean Spray Cranberries, Inc. et al – United States District…

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Pharmacology Expert Witness Testimony Allowed in Patent Infringement Case

Plaintiff filed suit against defendant related to a patent infringement claim.  Plaintiff hired a Pharmacology 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 (Par Pharmaceutical, Inc. et al v. Hospira, Inc. – United…

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Chiropractic Expert Witnesses Testimony Allowed

Plaintiff sued defendant related to an automobile accident.  Plaintiff hired Chiropractic Expert Witnesses to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court denied the motion to exclude. Facts:  This case (SHENG v. BISSONNETTE – United States District Court – Southern District of Indiana –…

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Forensic Accounting Expert Witness Testimony Allowed

Plaintiffs filed suit against the defendants related to a dispute over the construction of a luxury home.  Plaintiff hired a Forensic Accounting Expert Witness to provide testimony.  Defendants have filed a motion to exclude.  The court denied the motion to exclude. Facts:  This case (Puntillo et al v. Knecht et…

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Professional Engineering Expert Witness Testimony Allowed in Part

Plaintiff filed suit against the defendants related to a products liability claim.  The plaintiff hired a Professional Engineering Expert Witness to provide testimony.  The defendant filed a motion to exclude this expert from testifying.  The court granted the motion in part and denied the motion in part. Facts:  This case…

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