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Articles Posted in Daubert

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One Public Opinion & Survey Research Expert Witness Allowed; Another, Allowed in Part

Plaintiff sued defendant for alleged trademark infringement of their cleaning product.  Both experts hired public opinion & survey research expert witnesses to assist in their cases and both parties filed motions to exclude these witnesses.  The court denied the motion to exclude the plaintiff’s expert and partly granted the motion to…

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Electrical Engineering Expert Witness Testimony Allowed in Part

The Plaintiff sued the owners and operators of a transmission line after he sustained injuries after he was allegedly electrocuted.  The Defendant hired an electrical engineering expert witness to provide testimony.  The Plaintiff filed a motion to exclude this testimony, which the court granted in part and denied in part. Facts:…

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Orthopedic Surgery Expert Witness and Rheumatology Expert Witness Testimony Not Allowed

Plaintiff sued Defendant after an accident between their two vehicles allegedly caused Plaintiff’s pre-existing injuries to become exacerbated. Plaintiff hired an orthopedic surgery expert witness and a rheumatology expert witness to assist in her case.  The Defendant filed a motion to exclude these experts and the court granted the motion.…

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Trusts & Estates Expert Witness Testimony Not Allowed

Plaintiffs sued Defendants over the mismanagement of a Trust.  The Defendants hired a trusts & estates expert witness to provide testimony, to which the Plaintiffs filed a motion to exclude.  The court granted the motion. Facts: This case (Kerns et al v. Beam et al – United States District Court –…

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Occupational/Environmental Health Expert Witness Allowed

Plaintiff sued defendants for exposure to asbestos during his years of working with automobile parts.  The plaintiff hired an occupational/environmental health expert witness to assist in the case.  The defendants filed a motion to exclude, which was denied by the court. Facts:  This case (HOFFEDITZ et al v. AM GENERAL, LLC…

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Credit Damage Expert Witness Testimony Not Allowed

Plaintiff sued defendants for violations of the Fair Credit Reporting Act, arguing that they inaccurately reported and investigated a delinquent account as charged off.  Plaintiff hired a credit damage expert witness to assist in his case.  Defendant filed a motion to exclude, which the court granted. Facts:  This case (Barakat…

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Automotive Expert Witnesses Testimony Allowed in Part

Plaintiff sued the defendant because they believe that they are entitled to post-termination commissions for sales of automotive parts they landed on behalf of the defendant.  Both parties hired automotive expert witnesses to prove their cases and both parties filed motion to exclude.  The court granted these motions in part and…

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Chiropractic Expert Witness Testimony Allowed

Plaintiff filed suit after a collision occurred at defendant’s retail store.  The plaintiff hired a chiropractic expert witness to provide testimony.  The defendant filed a motion to exclude this testimony.  The court denied the motion to exclude. Facts: This case (Samuel Lee v. Kmart Corporation – United States District Court –…

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Mechanical Engineering Expert Witness Excluded in Products Liability Case

Plaintiff filed a products liability lawsuit against the manufacturer and installer of an Advanced Electronic Vehicle Interface Technology driving system.  The plaintiff hired a mechanical engineering expert witness to assist in a providing causation testimony.  The defendant filed a motion to exclude.  The district court excluded the testimony and the appeals court…

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