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Articles Posted in Daubert

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Industrial Hygiene & Mold Expert Witness Allowed in Part

Plaintiff sued defendant claiming that they sold a house with mold and moisture exposure.  The defendant hired an Industrial Hygiene & Mold Expert Witness to provide testimony.  The plaintiff moved to exclude this testimony, which was granted in part and denied in part by the court. Facts:  This case (Prima Partners…

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Biomedical Expert Witnesses Allowed

Plaintiffs sued defendant after the trying birth of a baby, who suffered injuries during the birth.  Both parties hired Biomedical Expert Witnesses to provide expert witness testimony.  Both experts were challenged under Daubert, but the court denied both motions. Facts: This case (Dorman et al v. Anne Arundel Medical Center, Inc.…

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Radiology Expert Witness testimony Allowed on Appeal

Plaintiff appeals an opinion of the district court allowing, in part, the testimony of plaintiff’s Radiology Expert Witness. Facts:  This case (Robin Burkhart v. R. Dickel – United States Court of Appeals for the Fourth Circuit – May 2nd, 2018) involves the alleged use of excessive force by the defendants while…

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 Aviation Expert Witness Testimony Excluded

Plaintiff sued defendant after an airplane was damaged during a hail storm.  The defendant hired an  Aviation Expert Witness to provide testimony.  The defendant filed a motion to exclude, which was granted by the court. Facts:  This case (PRUDENTIAL INSURANCE COMPANY OF AMERICA V. HAWKER BEECHCRAFT GLOBAL CUSTOMER SUPPORT – United…

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Vocational Evaluation & Rehabilitation Expert Witness Allowed in Part

Plaintiff sued defendant car manufacturer after being involved in a car accident that left her paralyzed from the neck down.  The plaintiff hired a Vocational Evaluation & Rehabilitation Expert Witness to provide expert witness testimony.  The defendant filed a motion to exclude this testimony.  The court granted the motion in part…

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Vocational Evaluation & Rehabilitation and Economics Expert Witness Testimony Allowed in Part

Plaintiff sued defendant after an accident on defendant’s vessel.  Plaintiff hired a Vocational Evaluation & Rehabilitation Expert Witness and an Economics Expert Witness.  The defendant filed a motion to exclude, which was granted in part and denied in part by the court. Facts: This case (Noel v. Inland Dredging Company,…

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Tractors Expert Witnesses Testimony Partially Allowed

Plaintiff sued defendant after their decedent’s were involving in a fatal car accident.  Plaintiff’s hired two Tractors Expert Witnesses and the defendant’s filed motions to exclude.  A Magistrate judge partially granted and partially denied this motion.  The defendant’s appealed to the lead judge in the case, who agreed with the Magistrate.…

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Medical Toxicology Expert Witness Exclusion Affirmed on Appeal

Appellant appealed the opinion of the trail court excluding an expert from opining on the topic of field sobriety testing.  The appeals court affirmed the opinion of the lower court. Facts: This case (Arthur Lee Dickerson v. DC – District of Columbia Court of Appeals – April 19th, 2018) is…

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Property & Casualty Insurance Expert Witness Not Allowed

Plaintiff sued defendant after a claim was denied.  Plaintiff maintains that he has insurance, while the defendant disagrees.  Plaintiff hired a Property & Casualty Insurance Expert Witness to provide testimony and the defendant filed a motion to exclude this testimony.  The court granted the motion. Facts:  This case (Desizlets v.…

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