Close

Articles Posted in Daubert

Updated:

Occupational Health Expert Witness Testimony Allowed

Plaintiff was diagnosed with a form of asthma which was allegedly tied to work he did for the defendant.  Plaintiff hired occupational medicine expert and defendant filed a motion to exclude said expert.  The court denied the motion to exclude Facts:  This case (Dermoris Kidd v. Candy Fleet, LLC –…

Updated:

Insects & Pests Expert Witness Testimony Excluded

Plaintiffs filed a class action against defendants related to the effectiveness of their pest control products.  Plaintiff hired an insects & pests expert witness to provide testimony.  The defendants filed a motion to exclude.  The court granted the motion. Facts: This case (Steigerwald v. BHH, LLC et al – United…

Updated:

Five Expert Witnesses Allowed in Healthcare Benefits Fraud Case

This case involves healthcare benefits fraud.  The Government and the Defendants both hired expert witnesses to assist with their arguments.  Both filed motions to exclude, but the court denied both motions. Facts:  This case (United States of America v. Bertram – United States District Court – Eastern District of Kentucky…

Updated:

Labor Economics Expert Witness Testimony Allowed

Class action plaintiffs hired a labor economics expert witness to testify on their behalf.  The defendants filed a motion to exclude, which was denied Facts – This case (Bernstein v. Virgin America, Inc. – United States District Court – Northern District of California – November 7th, 2016)- is a putative class…

Updated:

Expert Testimony from Two Engineers Allowed

In this personal injury and products liability case, the plaintiff hired two engineering expert witnesses to help in her case.  The judge allowed the testimony after a Daubert challenge. Facts:  This case (Wyman v. Yates-Am. Mach – United States District Court – District of Maine – October 31st, 2016) is…

Updated:

Two Expert Witnesses Excluded, Two Partially Excluded in Medical Malpractice Litigation

The plaintiff, the widow of a woman who died after childbirth, sued the medical facilities for malpractice.  He called four expert witnesses.  Two were excluded and two were partially excluded. Facts: This case (Hersko v. United States of America – United States District Court – Southern District of New York…

Updated:

Neuropsychology Expert Witness Excluded From Testifying on Memory and Perception

Defendant was indicted for transferring a gun to a minor and for affecting interstate commerce.  Defendant hired an expert witness in memory and perception.  The court excluded this expert from testifying. Facts: This case (United States v. Vandetta Redwood – United States District Court – Northern District of Illinois –…

Updated:

Two Economics’ Expert Witness Testimony Denied in Part and Granted in Part

The plaintiff sued for antitrust issues regarding shopping mall leasing.  Both parties hired economists to provide expert witness testimony.  The motions to exclude were denied in part and granted in part Facts: This antitrust case (Gumwood HP Shopping Partners LP v. Simon Property Group Inc – United States District Court…

Updated:

Marketing and Business Valuation Expert Witness Testimony Excluded

Plaintiff sued defendant for patent infringement of specific aspects of GPS systems.  The plaintiff hired two expert witnesses, which were subsequently excluded. Facts:  This case (Visteon Techs., LLC v. Garmin Int’l, Inc. – United States District Court – Eastern District of Michigan – October 14th, 2016) involves a patent infringement…

Updated:

Biochemistry Expert Witness Testimony Allowed

Plaintiff sued defendant for false and misleading statements about the effects of Prevagen.  The plaintiff hired a biochemistry expert witness to help prove the case and the motion to exclude this expert wad denied. Facts:  This case (Racies v. Quincy Bioscience – United States District Court – Northern District of…

Contact Us