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Articles Posted in Daubert

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Biomedical Expert Witness Testimony Allowed in Hit-And-Run Litigation

Summary: Biomedical Expert Witness testimony allowed as the court opined that the expert did not have to have first-hand knowledge of the accident to provide reliable testimony Facts: This case (HEATH v. J S HELWIG & SON LLC et al – United States District Court – Middle District of Georgia…

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Hospital Administration Expert Witness Testimony Allowed in Assault and Battery Litigation

Summary: Plaintiff filed suit against defendant related to negligent claims and common law assault and battery.  Plaintiff hired a Hospital Administration Expert Witness to provide testimony.  Defendant filed a motion to exclude, which was denied by the court. Facts:  This case (Goines v. Lee Memorial Health System et al –…

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Obstetrics & Gynecology (OB/GYN) Expert Witness Not Allowed Due to Lack of Data

Summary: The court ruled that the testimony of an Obstetrics & Gynecology (OB/GYN) Expert Witness should not be allowed in a medical malpractice case involving a child with cerebral palsy. Facts: This case (Gonzalez-Arroyo v. Doctors’ Center Hospital Bayamon, Inc. et al – United States District Court – District of…

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Endocrinology Expert Witness Testimony Excluded in Dietary Products Litigation

Summary: Endocrinology Expert Witness not allowed to provide testimony as the defendant argued that the expert’s opinion that soy causes hypothyroidism has not been validated or tested. Facts:  This case (LOVERDI et al v. MEDIFAST, INC. et al – United States District Court – Eastern District of Pennsylvania – May…

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Electrical Engineering Expert Witness Testimony Allowed in Aquarium Fire Litigation

Summary:  Electrical Engineering Expert Witness allowed to testify even though the defendant argued that his testimony was speculation because he did not perform tests on the aquarium motor, which he alleges caused the fire. Facts:  This case (Scicchitano Smith et al v. SPECTRUM BRANDS, INC. et al – United States…

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Physical Medicine & Rehabilitation Expert Witness Not Excluded in Collision Case Involving a USPS Employee.

Summary:  Physical Medicine & Rehabilitation Expert Witness allowed to testify in automobile collision lawsuit even though the plaintiff argued that the expert shouldn’t be allowed to testify because he is not a surgeon. Facts:  This case (KA WAI JIMMY LO, Plaintiff, v. UNITED STATES OF AMERICA – United States District…

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Bus & Truck Safety/Accident Expert Witness Testimony Allowed in Commercial Truck Accident Litigation

Summary:  Bus & Truck Safety/Accident Expert Witness testimony is allowed because the court determined that the expert is qualified to offer an opinion on whether the FMCSR applies to the driver of the truck. Facts:  This case (Brown v. M and N Eaves et al – United States District Court…

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Accident Reconstruction Expert Witness Testimony Allowed in Tractor-Trailer Crash Litigation

Summary: Accident Reconstruction Expert Witness testimony allowed because the court concluded that his use of simulations was reliable and helpful to the jury. Facts:  This case (Abbott et al v. Mega Trucking, LLC et al – United States District Court – Middle District of Alabama – March 24, 2023) involves…

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Education & Schools Expert Witness Testimony Allowed in Part in Title IX Litigation

Summary: Education & Schools Expert Witness testimony is granted in part and denied in part despite the fact that the plaintiff argued that her expert opinion on Title IX is not a proper subject of expert testimony. Facts: This case (Pogorzelska v. VanderCook College of Music – United States District…

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Software Engineering Expert Witness Testimony Excluded in Trade Secrets Litigation

Summary: Software Engineering Expert Witness testimony not allowed even though the United States alleged that they provided more expert witness information in discovery. Facts: This case (United States of America v. Minkkinen et al – United States District Court – Southern District of West Virginia – June 26, 2023) involves…

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