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Articles Posted in Daubert

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Real Estate Valuation Expert Witnesses Allowed

In the case, the plaintiff seeks a declaratory judgment against defendant regarding language in a lease agreement.  Both parties hired real estate valuation expert witnesses and both filed motions to exclude.  The court denied these motions. Facts:  This case (Buchanan Energy (N), LLC v. Lake Bluff Holdings, LLC – United…

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Three Expert Witnesses Allowed in Tree Stand Ladder Case

Plaintiff fell off a tree stand ladder manufactured by the defendant.  Plaintiff sued and hired an expert witness to help prove his case.  The defendant hired two experts as well.  Both parties filed motions to exclude.  The court denied these motions. Facts:  This case (Jordan Queen v. W.I.C., Inc. d/b/a…

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Marketing Expert Witness Testimony Not Allowed in Trademark Infringement Case

Plaintiff filed a trademark infringement lawsuit against defendant.  The plaintiff hired a marketing expert witness to perform a survey on likelihood of confusion.  The testimony was challenged by the defendant via a Daubert motion.  The court granted this motion. Facts:  This case (Valador, Inc v. HTC Corporation, et al.- United States…

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Chemistry Expert Witness Testimony Not Allowed, Says North Carolina Appeals Court

Defendant appealed her conviction of habitual impaired driving, arguing that the lower court erred when it allowed the state’s expert opinion on retrograde extrapolation.  The court concluded that the lower court did err, but this did not prejudice the outcome of the case. Facts: This case (State of North Carolina…

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Mechanical Engineering Testimony in Tire Case Reserved

Plaintiff commenced a lawsuit against defendant after a motor vehicle accident.  Plaintiff hired a mechanical engineer to provide expert witness testimony. Facts:  This case (Below, Joshua et al v. Yokohama Tire Corporation et al – United States District Court – Western District of Wisconsin – February 2st, 2017) involves a vehicle…

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One Expert Disallowed and Two Experts Allowed in Part in Products Liability Case

Plaintiff sued Defendant for products liability for foam insulation that was installed in the their home.  They hired three experts and the defendants filed motions to exclude their testimony. Facts:  This case (Monica and Richard Beyer v. Anchor Insulation Co. – United States District Court – District of Connecticut –…

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Three Experts Allowed in Negligence Case

Plaintiff sued defendant for negligence when a live electrical wire caused injury to their minor child.  The plaintiff hired three expert witnesses, which were challenged by defendant.  The court denied the motion to exclude. Facts:   This case (Marland et al v. Asplundh Tree Expert – United States District Court…

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Orthopedic Surgery Expert Witness Testimony Partially Allowed

Plaintiff sued defendant for not providing adequate warning on their knee implant.  Plaintiff hired an orthopedic surgery expert to provide testimony and the defendant filed a motion to exclude. Facts:  This case (Goldin v. Zimmer, Inc. et al – United States District Court – Northern District of Illinois – January…

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Internal Medicine and Fire Expert Witness Testimony Allowed

The son of a man who died while camping filed suit against several companies that manufactured and sold certain devices.  The Defendant hired two expert witnesses to prove their case.  The Plaintiff filed motions to exclude these experts. Facts: This case (Kelley v. Howard Berger Company, Inc. et al –…

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Psychology and Psychiatry Expert Witness Testimony Challenged

Plaintiff filed an Americans with Disabilities Act (ADA) claim against his former employer.  Plaintiff and defendant both hired expert witnesses and both filed motions to exclude.  The court denied the motion to exclude the plaintiff’s expert and granted in part (taking other parts of the motion under advisement) the motion…

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