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Articles Posted in Daubert

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Chemistry Expert Witness Testimony Not Allowed

Plaintiffs filed suit against defendants alleging that the defendants police officers entered their house illegally.  They hired a Chemistry Expert Witness to provide testimony, which the defendants wished to exclude.  The court granted the motion to exclude. Facts:  This case (Blevins et al v. Kirk et al – United States District…

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Orthopedic Surgery Expert Witnesses Allowed After Appeal

Defendants appeal a decision by the trail court in favor of the plaintiff.  Defendant maintains that their experts should have been allowed.  the appeals court agreed and reversed the lower court opinion. Facts:  This case (VICTOR KHZOUZ V STEPHEN MENDELSON MD – Court of Appeals of Michigan – March 13th,…

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Osteopathy Expert Witness Allowed and Ergonomics Expert Witness Allowed in Part

Plaintiff sued defendants after being injured by a weedwacker.  Plaintiff hired an Osteopathy Expert Witness and an Ergonomics Expert Witness to provide testimony.  The defendants filed motions to exclude.  The court denied the motion against Dr. Murphy and granted in part and denied in part the motion against Mr. Mitchell Facts: …

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Gastroenterology Expert Witness Testimony Exclusion Affirmed

Appellant appealed an opinion by the trial court to exclude the expert witness testimony of gastroenterology expert witness.  The appeals court affirmed the lower court opinion. Facts:  This case (Fipps v. Greenwood Leflore Hospital – Court of Appeals of the State of Mississippi – February 6th, 2018) involves an appeal…

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Real Estate Valuation Expert Witness Testimony Allowed

Plaintiffs sued defendant after their claim on a title insurance policy was denied by the defendant.  The plaintiff hired a Real Estate Valuation Expert Witness to provide testimony on their behalf.  The defendant filed a motion to exclude this testimony, which the court denied. Facts: This case (Helms v. Old Republic…

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Cardiology Expert Witness Testimony Allowed

Plaintiff’s family sued defendants after their family member died.  The defendants blame the defendants for the death.  The plaintiffs hired a Cardiology Expert Witness to provide testimony.  The defendants filed a motion to exclude this testimony, which was denied by the court. Facts:  This case (Kelly Holt et al. v. St…

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Logistics/Freight Forwarding Expert Witness Allowed

Plaintiff filed sued against defendants after cargo fell on him.  Plaintiff hired a Logistics/Freight Forwarding Expert Witness to assist in his case.  Defendants sought to exclude this testimony, which was denied by the court. Facts: This case (Richard Gray v. Kimberly-Clark Global Sales, et. al – United States District Court…

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Accident Reconstruction Expert Witness Testimony Partially Allowed

Plaintiff sued defendant tire manufacturer after being involved in an accident.  Plaintiff hired an accident reconstruction expert witness to provide testimony.  Defendant filed a motion to exclude, which was granted in part and denied in part by the court. Facts:  This case (Devon Davenport v. Goodyear Dunlop Tires North America –…

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Appeals Court: Family Practice/Family Medicine Expert Witness Not Allowed

Appellant sued appellees for causing the death of his 88 year old mother.  To assist in his case, appellant hired a family practice/family medicine expert witness.  The court excluded this testimony, and the appellant appealed to the current court.  This court affirmed the opinion of the lower court. Facts:  This…

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Materials Engineering Expert Witness Testimony Allowed, says Appeals Court

Plaintiff sued defendant after a fire in his home alleging it was caused by material manufactured by defendant.  Plaintiff hired a materials engineering expert witness to prove his case.  Defendant filed a motion to exclude, which was denied by the court.  The appeals court affirmed the opinion. Facts:  This case…

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