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Articles Posted in Daubert

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Marketing Expert Witness Testimony Allowed

Plaintiff filed a putative class action against the defendant related to automatic enrollment into a toll pay system.  Both parties hired marketing expert witnesses, both parties filed motions to exclude, and both motions were denied. Facts:  This putative class action case (Mendez v. Avis Budget Grp., Inc. – United States…

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Veterinary Expert Witness Allowed and Animals Expert Witness Allowed in Part

Plaintiffs sued defendant for violation of the Endangered Species Act and hired two experts to assist in their case.  The court allowed the veterinary expert witness in full and partially allowed the animals expert witness. Facts:  This case (Graham et al v. San Antonio Zoological Society – Western District of Texas – United…

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Mechanical Engineering Expert Witness Testimony Excluded

Plaintiff sued his former employer under the Americans with Disabilities Act of 1990 and the Florida Civil Rights act of 1992.  The defendant hired a mechanical engineer expert witness to provide testimony.  The Plaintiff filed a motion to exclude and the court granted the motion. Facts:  This case (Eveler v. Ford…

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Plumbing & HVAC Expert Witness Testimony Not Allowed

Plaintiff sued defendant after she allegedly slipped and fell on a puddle of water.  The plaintiff hired a Plumbing & HVAC Expert Witness.  The defendant filed a motion to exclude this expert testimony and the court agreed.  The testimony was not allowed. Facts:  This case (Walker et al v. Target Corporation…

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Securities Expert Witness Allowed in FINRA Dispute

Plaintiff filed a declaratory judgment with the court related to a securities dispute.  The defendant hire a securities expert to assist in their side of the case.  The plaintiff filed a motion to exclude the expert’s testimony.  The court denied the motion. Facts:  This case (UBS FINANCIAL SERVICES, INC. v. BOUNTY…

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Motions to Exclude Numerous Experts in Products Liability Case Are Denied

Plaintiffs sued defendants in an action involving an alleged defective car seat.  Both parties hired expert witness and both parties filed motions to exclude.  The court denied all of these motions. Facts:  This case (Ribeiro et al v. Baby Trend, Inc – United States District Court – District of Nebraska…

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Michigan Appeals Court Affirms Exclusion of Oncology Expert Witness

In this medical malpractice case, the plaintiff appeals an opinion of the trial court excluding the opinion on oncology expert witness.  The appeals court affirmed the lower court opinion. Facts: This case (ESTATE OF PEYTON v. NOVI INTERNAL MEDICINE AND PEDIATRICS, PLLC – Court of Appeals of Michigan – April…

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Labels & Warnings Expert Witness Not Allowed

Plaintiff sued defendant after she was injured after falling off a personal watercraft.  Plaintiff hired a labels & warnings expert witness to assist in her case and defendant filed a motion to exclude.  The court granted the motion. Facts:  This products liability case (Ruggiero v. Yamaha Motor Corporation – United…

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Three Expert Witnesses Allowed in Vehicle Sunroof Case.

Putative class action plaintiffs filed suit against the vehicle manufacturer for defects in the sunroofs of certain cars.  Both parties filed motions to exclude three expert opinions.  The court denied the three motions. Facts – This case (NEALE et al v. VOLVO CARS OF NORTH AMERICA, LLC et al –…

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