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Articles Posted in Daubert

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Neurology Expert Witness Allowed with Prejudice and Store Operations & Retail Expert Allowed in Part.

Plaintiff filed a negligence lawsuit against the Defendant.  Defendant hired a neurology expert witness and Plaintiff hired an store operations & retail expert witness.  Both parties filed motions to exclude.  The Plaintiff’s motion was denied with prejudice and the Defendant’s motion was granted in part and denied in part. Facts:  This case…

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Forensic Psychiatrist Expert Witness Allowed

Plaintiff’s decedent filed this civil case against the defendant after plaintiff was found dead in his cell.  The plaintiff hired a forensic psychiatrist expert witness to provide testimony.  The defendant filed a motion to exclude the testimony and report.  The court denied the motion. Facts:  This case (Ferreira et al v.…

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Admiralty & Maritime Expert Witness Allowed in Part

Plaintiffs sued defendant, stating that they should bear the costs of two accidents that occurred when a barge struck to bridges on the Mississippi River.  The defendants hired an admiralty & maritime expert witness to assist in their case.  The plaintiffs filed a motion to exclude, which the court granted and…

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Human Factors Engineering Expert Witness Not Allowed

Plaintiff tripped over the lower part of a cart while shopping at defendant’s store.  Plaintiff hired a human factors engineering expert witness to help prove her case.  Defendant filed a motion to exclude this expert witness testimony, which was granted by the court. Facts:  This case (Plunkett v. Best Buy Co…

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Orthopedic Surgery Expert Witness Exclusion Affirmed by Georgia Appeals Court

The plaintiff sued defendant for alleged work-related negligence.  The trial court ruled in favor of the defendant, granting summary judgment after excluding the orthopedic surgery expert witness hired by the plaintiff.  The plaintiff appealed, and the appeals court affirmed the opinion of the trial court. Facts: This case (SMITH v. CSX…

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Building Codes, Manufactured Homes, and Insurance Adjuster Expert Witness Testimony Allowed

Plaintiffs sued defendants after being denied permits for their mobile homes.  Numerous experts were called to testify and motions to exclude to were filed.  The court denied these motions. Facts:  This case (Riverside Storage and Recycling Center, LLC et al v. City of Federal Heights – United States District Court…

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Biomechanics Expert Witness Allowed

Appellant appeals an opinion of the lower court allowing the testimony of a biomechanics expert witness.  The appellant argues that the lower court erred when it allowed the expert to testify.  The appeals court disagreed, confirming the opinion of the circuit court. Facts:  This case (Curtis Brown v. Professional Building…

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Metallurgy Expert Witness Allowed and Two Environmental Engineering Expert Witnesses Partially Allowed.

Plaintiff sued defendants after being injured while preparing hazardous waste for incineration.  The plaintiff hired a metallurgy expert witness and the defendants hired two  environmental engineering expert witnesses.  The court denied one of the motions and partially denied and partially granted the other two motions. Facts:  This case (Bechak v. ATI Wah…

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Life Insurance Expert Witness Testimony Not Allowed

Plaintiff sued Defendant for denying a reinstatement application after a life insurance policy lapsed.  The plaintiff filed suit and hired a life insurance expert witness to provide testimony.  The defendant filed a motion to exclude, which the court granted. Facts:  This case (European Pensions Management Limited v. Columbus Life Insurance Company…

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