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Articles Posted in Daubert

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Fingerprints Expert Witness Testimony Allowed

The defendant is charged with robbing two banks.  The government hired a fingerprints expert witness to assist in their case.  The defendant filed a motion to exclude this testimony.  The court denied the motion to exclude. Facts: This case (United States of America v. Myshawn Bonds – United States District Court…

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Urology Expert Witness Testimony Partially Allowed

Plaintiff sued defendants when a Gynecare TVT Device, implanted into the defendant allegedly caused significant injury.  The plaintiffs hired a urology expert witness to provide testimony.  The defendants filed a motion to exclude, which the court partially allowed. Facts:  This case (Wiltgen et al v. Ethicon, Inc. d/b/a Ethicon Women’s Health and Urology…

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Psychology Expert Witness Expert Witness Testimony Excluded

Plaintiff sued insurance company defendant for denying a long term disability claim.  The plaintiff hired a psychology expert witness to assist in his case.  The defendant filed a motion to exclude this expert testimony.  The court granted the motion. Facts:  This case (Pogue v. The Northwestern Mutual Life Insurance Company –…

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Forensic Accounting and Economics Expert Witness Testimony Partially Allowed

Plaintiff sued defendants for moving to a competitive business and taking customers.  Both parties hired experts to help in their cases and both parties filed motions to exclude.  The court granted in part and denied in part both motion. Facts:  This case (Porters Building Centers, Inc. v. Sprint Lumber, Inc.…

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Business Valuation and Construction Expert Witness Allowed; Finance Expert Witness Excluded

Plaintiff sued defendant for not securing a loan with the HUD.  Plaintiff hired three experts to provide testimony.  Defendant filed motions to exclude for all three experts.  The court granted one motion and denied two. Facts:  This case (River House Partners, LLC v. Grandbridge Real Estate Capital LLC – United…

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Transportation Safety, Tires, and Mechanical Engineering Expert Witnesses Allowed

Plaintiff filed suit against defendants after he was injured installing a tire.  Both parties hired expert witnesses to assist in their cases and, subsequently, all three were the subjects of motions to exclude.  The court denied all of these motions. Facts:  This case (Dodson et al v. Beijing Capital Tire…

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Automotive Engineering Expert Witness Partially Allowed

Plaintiff filed suit after a car in which he was a passenger rolled over, causing injury.  Plaintiff hired an automotive engineering expert witness to provide testimony, and the defendants filed a motion to exclude.  The court partially denied and partially granted the motion. Facts:  This case (Pertile et al v. General…

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Infectious Disease Expert Witness Testimony Allowed

Plaintiff sued defendant alleging the visit to defendant’s store caused her infections.  Plaintiff hired two infectious disease expert witnesses to assist in her case.  Defendant filed a motion for summary judgment which included a section on excluding these experts.  The court denied the motion. Facts:  This case (Susan Welch Kelly et…

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Electrical Engineering Expert Witness Testimony Not Allowed

Plaintiff sued defendant to recover insurance payment made after a house fire.  Plaintiff alleged that defendant was negligent in installing an electric “smart” meter, which they say caused the fire.  The plaintiff hired an electrical engineering expert witness to provide testimony and the defendant filed a motion to exclude the…

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Life Care Planning and Forensic Accounting Expert Witness Excluded

Plaintiff filed suit against defendant due to injuries he sustained while using a tree stand distributed by the defendant.  The plaintiff hired a life care planning expert witness and a forensic accounting expert witness to provide testimony on his behalf.  The defendant filed a motion to exclude the testimony of these experts.…

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