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Articles Posted in Daubert

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Preventive Medicine Expert Witness Excluded; Vocational Evaluation & Rehabilitation and Economics Expert Witness Allowed

Plaintiff sued defendants in this medical malpractice case, stating that the defendants did not properly treat the defendant while in the emergency room.  The plaintiff hired three expert witnesses and the defendant filed motions to exclude.  The court granted one motion and denied two. Facts:  This case (J.B. v. Missouri…

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Business Valuation Expert Witness Testimony Allowed

Plaintiff sued defendant after they terminated a management services contract between the two parties.  The plaintiff hired a business valuation expert witness to provide testimony in this case.  The defendant filed a motion to exclude this testimony.  the court denied the motion. Facts:  This case (Radiologix, Inc. et al v. Radiology and…

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One Forensic Accounting Expert Witness Allowed, Another Allowed in Part.

Plaintiff filed suit against defendant for non-payment of overtime wages.  Defendant hired two forensic accounting expert witnesses to provide testimony.  The plaintiff filed motions to exclude, one of which was granted in its entirety and one of which was granted in part. Facts:  This case (Acosta v. Team Environmental – United…

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Crime Scene Analysis and Police Procedures Expert Witness Testimony Allowed in Part

Plaintiff sued defendants after a physical altercation on plaintiff’s property.  The plaintiffs hired a crime scene analysis expert witness and police procedures expert witness to assist in their case.  The defendants filed two motions to exclude, which the court granted in part and denied in part. Facts:  This case (Bratt et…

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Marketing Expert Witness Testimony Allowed in Part

Plaintiff filed suit against defendant alleging trademark infringement.  Defendant hired a marketing expert witness to assist in their case.  The plaintiff filed a motion to exclude the testimony of this expert, which the court partially granted. Facts: This case (CSl Silicones v. Midsun Group, Inc – United States District Court –…

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Orthopedic Surgery, Professional Engineering, and Trucking Expert Witness Testimony Allowed in Part

Plaintiff sued defendant for negligence in response to a car accident involving two tractor-trailers.  The plaintiff hired an  orthopedic surgery expert witness, a professional engineering expert witness, and a trucking expert witness to provide testimony.  The defendant filed motions to exclude.  The court granted the three motions in part and…

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Family Practice/Family Medicine and Social Work/Social Services Expert Witness Testimony Allowed in Part

Plaintiffs’, former students, sued defendant insurance company for coverage for a dispute with their former school.  The plaintiffs hired a family practice/family medicine expert witness and and a social work/social services expert witness to assist in their case.  The defendant filed a motion to exclude.  The court granted the motions in…

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Neuroradiology and Neuropsychology Expert Witness Testimony Allowed

Plaintiff sued defendants for injuries caused by a head-on automobile collision.  The defendants hired a neuroradiology expert witness and a neuropsychology expert witness to assist in their case.  The plaintiff filed motions to exclude these experts, which were denied by the court. Facts:  This case (Koenig v. Beekmans et al –…

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Pediatrics and Neurology Expert Witnesses Allowed; Neuropsychology Expert Witness Excluded

Plaintiff sued defendant after giving birth to two children with physical deformities and cognitive disabilities.  She alleges that this occurred due to her taking Depakote while pregnant.  Plaintiff hired three experts to assist in her case.  The defendant filed motions to exclude these experts.  The court granted one of these…

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