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Articles Posted in Daubert

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Equipment & Machinery Expert Witness Testimony Excluded

Plaintiff sued defendant after he was injured while operating a skid loader.  The defendant hired an Equipment & Machinery Expert Witness to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert.  The court granted the motion to exclude. Facts:  This case (Stephenson v. Caterpillar – United States…

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Architecture Expert Witness Testimony Allowed in Part

Plaintiff filed lawsuit against defendant after she slipped and fell on a display platform.  The plaintiff hired an Architecture Expert Witness to provide testimony.  The defendant filed a motion to exclude this expert from testifying.  The magistrate judge recommended that the motion should be granted in part and denied in part.…

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Nutrition Expert Witness Testimony Allowed in Part

Plaintiffs filed a class action against the defendants regarding labeling of its ginger ale.  Plaintiffs hired a Nutrition Expert Witness to provide testimony.  The defendants filed a motion to exclude this testimony.  The court granted the motion in part and denied it in part. Facts:  This case (Jackie Fitzhenry-Russell et…

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Metallurgy Expert Witness Testimony Excluded

Plaintiff filed lawsuit involving pulling a dolly off an elevated dock lift.  Plaintiff hired a Metallurgy Expert Witness to provide testimony.  The defendant filed a motion to exclude, which was granted by the court Facts:  This case (Siegel v. Blue Giant Equipment, LLC – United States District Court – Northern District…

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Law & Legal Expert Witness Testimony Excluded

Plaintiffs sued defendants in response to the removal of a monument.  Defendants hired a Law & Legal Expert Witness to provide expert witness testimony.  Plaintiffs filed a motion to exclude, which was granted by the court. Facts:  This case (Albert Sidney Johnston Chapter et al v. Nirenberg et al – United…

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Automotive Expert Witness Testimony Allowed in Part

Plaintiff sued defendant after he was injured in a rollover accident.  Plaintiff hired an Automotive Expert Witness to provide testimony.  The defendant filed a motion to exclude this testimony.  The court granted the motion in part and denied it in part. Facts:  This case (Rhodehouse v. Ford Motor Company – United…

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Law Enforcement Expert Witness Testimony Allowed In Part

Plaintiff filed suit against the defendants for false arrest, excessive force, and First Amendment retaliation.  The plaintiff hired a Law Enforcement Expert Witness to provide expert witness testimony.  The defendants filed a motion to exclude this expert witness testimony.  The court granted the motion in part and denied it in part.…

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Occupational/Environmental Health Expert Witness Testimony Allowed

Plaintiff filed a toxic tort lawsuit against defendants for negligence.  Plaintiff hired an Occupational/Environmental Health Expert Witness to provide testimony, which was challenged by the defendant.  The court denied the motion to exclude. Facts:  This case (Thompson v. Kinder Morgan Altamont et al – United States District Court – District of…

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Allergies & Immunology Expert Witness Testimony Excluded

Plaintiff sued defendant after allegedly being exposed to mold in her residence.  Plaintiff hired an Allergies & Immunology Expert Witness to provide expert witness testimony.  Defendant filed a motion to exclude this testimony, which was granted by the court. Facts:  This case (Carter v. Southstar Management, LLC – United States District…

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Electrical Engineering Expert Witness Testimony Allowed In Part

Plaintiff sued defendant related to a fire at a dock.  Plaintiff hired an Electrical 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 (Certain Underwriters at Lloyds,…

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