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Articles Posted in Daubert

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Police Procedures Expert Witness Testimony Allowed in Part

Plaintiff filed an excessive force claim against the defendant.  Plaintiff hired a Police Procedures Expert Witness to provide testimony on her behalf.  Defendant filed a motion to exclude this expert witness testimony, which was granted in part and denied in part by the court. Facts:  This case (Sloan v. Phelps County,…

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Railroad Expert Witness Testimony Not Allowed

Plaintiff sued defendant after being injured while working as a switchman.  Plaintiff hired a Railroad Expert Witness to provide testimony.  Defendant filed a motion to exclude, which was granted by the court. Facts:  This case (Gilreath v. CSX Transportation, Inc. – United States District Court – Eastern District of Kentucky –…

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Oil & Gas and Securities Expert Witness Testimony Allowed

Plaintiff United States government indicted defendant for knowingly soliciting investors into ventures that he knew would not produce a profit.  Government hired an Oil & Gas Expert Witness and a Securities Expert Witness to provide expert witness testimony.  The defendant filed a motion to exclude, which was denied by the…

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Admiralty & Maritime Expert Witness Not Allowed

Plaintiff filed suit against defendant related to a slip and fall while the plaintiff was on board a cruise line.  The plaintiff hired an Admiralty & Maritime Expert Witness to provide testimony.  The defendant filed a motion to exclude this testimony, which was granted by the court. Facts:  This case (Jordan…

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Optometry Expert Witnesses Partially Allowed.

Plaintiff sued defendant under the Americans with Disabilities Act.  Plaintiff hired an Optometry Expert Witnesses to provide expert witness testimony.  The defendant filed a motion to exclude, which was granted in part and denied in part. Facts: This case (Jones v. Blue Cross Blue Shield Of Louisiana – United States District…

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Trademark Expert Witness testimony Allowed in Part

Plaintiff filed suit against defendant for copyright and trademark infringement.  Plaintiff hired a Trademarks Expert Witness to provide expert testimony.  The motion was challenged by the defendant under Daubert.  The court partially allowed the testimony to proceed. Facts:  This case (Design Ideas Ltd v. Meijer, Inc. et al – United…

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Electrical Engineering Expert Witness Allowed

Plaintiffs sued defendants for product liability after a fire broke out in their garage.  Plaintiff hired an Electrical Engineering Expert Witness to provide expert witness testimony.  The court allowed the testimony. Facts:  This case (Fredric Glassman et al v. Home Depot USA, Inc. et al – United States District Court –…

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Law Enforcement Expert Witness Testimony Allowed

Plaintiff sued defendant for violations of the plaintiff’s right to a fair trial under the Due Process Clause of the Fourteenth Amendment.  Defendant hired a Law Enforcement Expert Witness, which was challenged by the plaintiff.  The court allowed the testimony under Daubert. Facts:  This case (Murphy v. City of Tulsa, The et…

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Infectious Disease Expert Witness Testimony Confirmed on Appeal

Plaintiff sued defendant restaurant after contracting salmonella.  Plaintiff hired a Infectious Disease Expert Witness to provide expert witness testimony, which was challenged by the defendant.  The lower court denied the motion, which was affirmed by the Supreme Court. Facts:  This case (Stachulski v. Apple New England, LLC – Supreme Court of…

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