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Articles Posted in Daubert

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Correctional Healthcare Expert Witness Not Allowed

Plaintiff sued defendant for medical malpractice and negligence after the death of plaintiff’s daughter.  The plaintiff hired a Correctional Healthcare Expert Witness to provide testimony.  The defendant filed a motion to exclude this testimony.  The court granted this motion. Facts:  This case (Carter v. Lake County, Ohio et al – United…

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Americans with Disabilities Act (ADA) Expert Witness Allowed in Part

Plaintiff sued defendant under ADA claims.  Defendant hired an Americans with Disabilities Act (ADA) Expert Witness to provide testimony.  The defendant filed a motion to exclude, which was granted in part and denied in part. Facts:  This case (Hernandez-Gil v. Dental Dreams, LLC et al – United States District Court –…

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Post Traumatic Stress Disorder Expert Witness Testimony Allowed

Plaintiff sued defendant after he was involved in a fire alarm and was subsequently diagnosed with PTSD.  The defendant hired a Post Traumatic Stress Disorder Expert Witness to provide testimony, which was challenged by the plaintiff.  The court denied the motion to exclude. Facts:  This case (Hall v. Summit Fire…

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Deadly/Excessive Force Expert Witness Testimony Excluded

Plaintiff sued defendant for use of excessive force when defendant shot plaintiff.  The plaintiff hired a Deadly/Excessive Force Expert Witness to provide expert witness testimony.  The defendant filed a motion to exclude, which was granted by the court. Fact: This case (Tompkins-Holmes v. Gualtieri et al – United States District…

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Credit Damage Expert Witness Testimony Allowed In Part

Plaintiff sued defendant after her credit file was mixed up with another customer.  Plaintiff hired a Credit Damage Expert Witness to assist in the case.  The defendant filed a motion to exclude this testimony, which was denied in part and granted in part. Facts:  This case (Anderson v. Equifax Information…

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Mechanical Engineering Expert Witness Testimony Allowed in Part

Plaintiff sued defendant after falling off ladder manufactured by defendant.  Plaintiff hired Mechanical Engineering Expert Witness to provide testimony.  Defendant filed a motion to exclude, which was granted in part and denied in part. Facts:  This case (Morejon v. Louisville Ladder, Inc. – United States District Court – Southern District of…

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Accident Reconstruction Expert Witness Allowed in Part

Plaintiff sued defendant after they were involved in a collision.  The plaintiff hired an accident reconstruction expert witness to provide expert witness testimony, which the defendant challenged as inadmissible and unreliable.  The court granted the Daubert motion in part and denied it in part. Facts:  This case (Bales v. Green et…

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Walking & Working Surfaces Expert Witness Partially Allowed

Plaintiff tripped on a mat while entering defendant’s store and was injured.  The plaintiff hired a Walking & Working Surfaces Expert Witness to provide testimony, which the defendant sought to exclude.  The court granted the motion to exclude in part and denied it in part. Facts:  This case (Brower v. Sprouts…

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Semiconductors Expert Witness Not Allowed; Forensic Accounting Expert Witness Allowed in Part

Plaintiff sued defendant after parts supplied by defendant allegedly failed.  The plaintiff hired a Semiconductors Expert Witness and Forensic Accounting Expert Witness to provide testimony, which was challenged by the defendant. Facts:  This case (Zykronix Inc. v. Conexant Systems, Inc. – United States District Court – District of Colorado March 22nd, 2018)…

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Transportation Safety Expert Witness Allowed In Part

Plaintiff filed suit against vehicle manufacturer after it rolled over.  Plaintiff hired a Transportation Safety Expert Witness to provide testimony.  The defendant filed a motion to exclude this testimony, which was granted in part and denied in part. Facts:  This case (Smith et al v. Toyota Motor Corporation et al –…

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