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Articles Posted in Daubert

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Court of Appeals Affirms Exclusion of Accident Reconstruction and Forensic Engineering Expert Witnesses

Plaintiff appeals a decision of the the district court excluding the expert opinions related to a vehicle crash and subsequent fire.  The court affirmed the opinion of the district court. Facts: This case (Sims v. Kia Motors of Am., Inc – United States Court of Appeals – Fifth Circuit –…

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Biomechanics and Orthopedic Surgery Experts Challenged

Plaintiff sued Defendants for injuries suffered during an arrest.  Both parties called experts and both were subject to exclusion motions. Facts:  This case (McKeon v. City of Morris – United States District Court – Northern District of Illinois – September 26th, 2016) involves injuries sustained during the arrest of the…

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Gastroenterology Expert Witness Granted in Part and Denied in Part

Plaintiff filed suit against Government for negligence and medical malpractice.  Government filed a motion to exclude the testimony of gastroenterology expert witness.  The court denied the motion in part and granted the motion in part. Facts:  This case (Stelman v. United States – United States District Court – Southern District…

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Patent and Trademark Expert Witnesses Granted in Part, Denied in Part

Plaintiff sued defendant for patent and trademark violations.  Both hired expert witnesses and both challenged the testimony of each witness. Facts:  This case (Loggerhead Tools, LLC v. Sears Holdings Corporation – United States District Court – Northern District of Illinois – September 20th, 2016) involves patent and trademark violations.  The court…

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Medical Toxicologist Expert Witness Testimony Confirmed By Appeals Court

Appellant appealed a decision by the circuit court allowing the expert witness testimony of a medical toxicologist.  The appeals court affirmed the lower court opinion Facts:  This case (State of Wisconsin v. Lory F. Kerk – Wisconsin Court of Appeals – District III – September 13th, 2016) is an appeal…

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Florida Appeals Court Finds Lower Court Erred in Allowing Some Expert Testimony

Appeals court reviewed many aspects of expert witness testimony that was allowed by the lower court.  The appeals court opined that the lower court erred when it allowed some experts to testify. Facts:  This case (Crane Co. v. Delisle – Florida District Court of Appeal – Fourth District – September…

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Two Accident Reconstruction Experts Allowed, Third Expert Allowed in Part.

Plaintiff and defendant were involved in a motor vehicle accident.  Three accident reconstruction experts were hired to provide opinions. Facts:  This case (Jackson v. Asplundh Constr. Corp. – United States District Court – Eastern District of Missouri – Eastern Division – September 8th, 2016) involves a motor vehicle accident between…

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Forensic Engineering Expert Witness Testimony Allowed

Plaintiff sued defendant after being injured while operating a salt spreader.  The defendant challenged the expert witness testimony of plaintiff’s engineering expert.  The judge denied the motion. Facts:  This case (Linhares v. Buyers Prods. Co. – United States District Court – District of Massachusetts – September 2nd, 2016) involves an…

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Chemistry Expert Witness Testimony Allowed

Defendants challenge the expert witness testimony of chemist.  The court disagreed, denying the motion. Facts: This case (Hill v. Brass Eagle, Inc. et al – United States District Court – Northern District of Illinois – Eastern Division – August 29th, 2018) involves an eye injury sustained by a teenage boy…

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2 of 3 Expert Witnesses Not Allowed by Court in Insurance Flood Case

Both parties challenged the expert witness testimonies of 100-year floodplain.  2 out of 3 opinions were excluded by the court Facts: This case (Federal-Mogul Corporation v. Insurance Company of the State of Pennsylvania – United States District Court – Eastern District of Michigan – Southern Division August 26th, 2016) involves a flood…

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