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Articles Posted in Daubert

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Vocational Evaluation & Rehabilitation Expert Witness Testimony Allowed in Crane Case

Summary: Vocational Evaluation & Rehabilitation Expert Witness allowed to testify despite the defendant’s assertion that he did not explain how he reached his conclusions about pre-injury earning capacity. Facts:  This case (Kinnerson v. Arena Offshore L P et al – United States District Court – Western District of Louisiana –…

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Securities Expert Witness Testimony Excluded In Alleged Manipulative Trading Schemes Lawsuit

Summary: Securities Expert Witness was not allowed to testify in a broker-dealer case as the court determined that the expert is not qualified to offer an opinion on broker-dealer’s systems. Facts:  This case (Securities and Exchange Commission v. Lek Securities Corporation et al – United States District Court – April…

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Physical Medicine & Rehabilitation Expert Witness Testimony Excluded In Excessive Force Case

Summary: Physical Medicine & Rehabilitation Expert Witness testimony excluded as the expert did not have experience regarding plaintiff’s alleged injuries. Facts:  This case (Bermudez v. City of New York – United States District Court – Eastern District of New York – December 21st, 2018) involves the alleged excessive use of…

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Economics Expert Witness Testimony Not Allowed in Misleading Sales Practice Litigation

Summary: Economics Expert Witness testimony is not allowed because the plaintiff did not show that the expert’s adoption of the ADT Model and Mangum’s Representative Industry Model was reliable. Facts: This case (ADT LLC, et al. v. Vivint Smart Home, Inc., et al – United States District Court – Southern…

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Corporate Governance Expert Witness Testimony Not Allowed in Antitrust Litigation

Summary:  Corporate Governance Expert Witness testimony not allowed because the court found that his expert report used factual narrative that did not have any technical or scientific conclusions. Facts: This case (Jones et al v. Bain Capital Private Equity et al – United States District Court – Western District of…

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Mortgage Expert Witness Testimony Allowed in Loan-Modification Litigation

Summary:  Mortgage Expert Witness testimony allowed even though the defendant argued that he was not qualified to offer an opinion because he has never worked for a mortgage servicer or servicing regulator. Facts:  This case (United States ex rel. Mitchell v. CIT Bank, N.A. – United States District Court –…

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Architecture Expert Witness Testimony Allowed in Retail Personal Injury Case

Summary:  Architecture Expert Witness testimony is allowed despite the fact that the defendant argued that his opinion was based on inaccurate data because he did not examine the display boxes at issue in this case. Facts:  This case (Ellen Boccio v. Costco Wholesale Corporation – United States District Court –…

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Aerospace Engineering Expert Witness Testimony Allowed in Part in Aircraft Damage Litigation

Summary:  Aerospace Engineering Expert Witness allowed to testify in part despite defendants’ argument that he does not have knowledge of the actual regulations that were violated. Facts: This case (Aircraft Holding Solutions LLC et al v. Learjet Inc et al – United States District Court – Northern District of Texas…

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Accident Reconstruction Expert Witness Testimony Allowed in Truck Accident Litigation

Summary: Accident Reconstruction Expert Witness allowed to testify as the court ruled that his expert opinion was reliable as he reconstructed the accident based on the truck driver. Facts:  This case (Irwin Tripp v. Walmart, Inc et al – United States District Court – Middle District of Florida – November…

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Mechanical Engineering Expert Witness Testimony Allowed in Ford Battery Design Defect Case

Summary: Mechanical Engineering Expert Witness allowed to testify even though the defendant argued that his expert opinion should be excluded because he did not conduct an accident reconstruction report. Facts:  This case (Hix-Hernandez v. Ford Motor Co. – United States District Court – Western District of Texas – July 25,…

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