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Articles Posted in Daubert

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Chemistry Expert Witness Testimony Allowed

Defendant is charged with possession with intent to distribute a controlled substance and using and carrying a firearm.  Plaintiff hired a Chemistry Expert Witness to provide expert witness testimony.  Defendant argues that this testimony should be excluded.  The court sides with the plaintiff. Facts:  This case (United States v. Mercado-Gracia –…

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One Fingerprints Expert Witness Testimony Allowed; One Excluded

Plaintiff indicted defendant with numerous counts of robbery and brandishing a firearm.  Both parties hired Fingerprints Expert Witnesses to provide expert witness testimony and both parties filed motions to exclude.  The motion to exclude the plaintiff’s expert is denied and the motion to exclude the defendant’s expert is granted. Facts:  This…

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Police Procedures Expert Witness Allowed

Plaintiff sued defendant for use of excessive force during a police stop.  Plaintiff hired a Police Procedures Expert Witness to provide an expert opinion, which was challenged by the defendant.  The court denied the motion. Facts:  This case (STOKES v. PENNSYLVANIA STATE POLICE, TROOP B-BELLE VERNON et al – United States…

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Logistics/Freight Forwarding Expert Witness Testimony Partially Allowed

Plaintiff filed sued against defendant for an alleged breach of a Broker-Carrier Agreement.  The defendant hired a Logistics/Freight Forwarding Expert Witness to provide expert testimony.  The plaintiff filed a motion to exclude this testimony, which was granted in part and denied in part by the court. Facts:  This case (Hogan Logistics,…

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Biomechanics Expert Witness Testimony Allowed in Part

Plaintiff sued defendant after falling from a defective chair.  The defendant hired a Biomechanics Expert Witness to provide testimony, which was challenged by the plaintiff.  The court opined that the testimony will be allowed in part. Facts:  This case (O’NEAL v. NORFOLK SOUTHERN RAILWAY COMPANY – United States District Court –…

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Mechanical Engineering Expert Witness Allowed in Part

Plaintiff sued defendant after slipping and falling on cherries.  The plaintiff hired a Mechanical Engineering Expert Witness to provide testimony in the case.  The defendant filed a motion to exclude this testimony, which was granted in part and denied in part by the court. Facts:  This case (Briley v. Wal-Mart Stores,…

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Orthopedic Surgery Expert Witness Testimony Not Allowed

Plaintiff filed suit against the defendants after he was allegedly injured after being pulled over.  The plaintiff hired an Orthopedic Surgery Expert Witness to provide testimony.  The defendants filed a motion to exclude this testimony, which was granted by the court. Facts:  This case (LOPEZ v. CITY OF PLAINFIELD et al…

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Human Factors Engineering Expert Witness Testimony Allowed; Bus & Truck Safety/Accident Expert Witness Testimony Excluded

Plaintiffs sued defendants after a vehicular crash.  The plaintiffs hired a Bus & Truck Safety/Accident Expert Witness to provide expert witness testimony and the defendant hired a Human Factors Engineering Expert Witness.  The court allowed the testimony of the Human Factors Engineering Expert Witness but not the other. Facts:  This case (Pennington v.…

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Terrorism Expert Witness Testimony Allowed In Part

Defendant is accused by the government of attempting to provide support and service to a terrorist organization.  Both defendant and plaintiff hired Terrorism Expert Witnesses and both parties filed motions to exclude.  The court allowed one of the experts testimony in part. Facts:  This case (United States v. Adam Shafi –…

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Family Practice/Family Medicine Expert Witness Allowed

Plaintiff sued defendant for using a mark on a product.  The defendant hired a Family Practice/Family Medicine Expert Witness to provide testimony, which was challenged by the plaintiff.  The court denied the motion to exclude. Facts: This case (Superior Consulting Services, Inc. v. Shaklee Corporation – United States District Court –…

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