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Articles Posted in Daubert

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Child Sexual Abuse Expert Testimony Allowed

Appellant was convicted on numerous counts of child sexual abuse by the trial court.  He appealed this conviction, arguing that the court erred when it allowed expert witness testimony on child sexual abuse accommodation syndrome (CSAAS).  The appeals court affirmed the convictions of the lower court. Facts: This case (People…

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Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case

Defendant is accused of contaminating groundwater near a missile motor casings site. Plaintiff challenged the expert witness testimony of defendant’s hydrologist expert.  The court denied the motion to exclude. Facts: This case (Alexander et al v. Halliburton Company et al – United States District Court – Western District of Oklahoma –…

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Police Practices Expert Testimony Partially Allowed

Plaintiff sued the City of Chicago Heights and others alleging that he was deprived of his constitutional rights after his murder and attempted murder convictions were overturned.  The defendants challenged the expert witness testimony of plaintiff’s police practices expert. Facts: This case (Rodell Sanders v. City of Chicago Heights, et al…

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North Carolina Court of Appeals Overturns Admission of Expert Witness Testimony of HGN Test Results

Trial court had admitted expert witness testimony of officer who used HGN (Horizontal Gaze Nystagmus) to arrest defendant of driving while impaired.  The appeals court overturned the opinion and ordered a new trial. Facts – This case (State of North Carolina v. William Edward Godwin, III – Court of Appeals…

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Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

  Hamlett v. Carroll Fulmer Logistics Corp – United States District Court – Southern District of Georgia – April 6th, 2016 – This is a personal injury case involving an accident between a motorcycle and  truck.  The plaintiffs (Hamlett) sued the defendants for compensatory and punitive damages as well as…

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Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

  InternMatch, Inc. v. Nxtbigthing, LLC – United States District Court – Northern District of California – March 28th, 2016 – In this trademark infringement case, the defendants have filed a motion to exclude the testimony of Joseph A. Greco, P.E. (electrical engineering expert witness).  Mr. Greco was called as an…

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Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

This case – (STATE OF OHIO v. JUDITH I. HAWKEY – COURT OF APPEALS OF OHIO – THIRD APPELLATE DISTRICT – March 28th, 2016) involves the conviction of the appellant (Hawkey).  She appeals the life in prison sentence imposed on her by the Defiance County Common Pleas Court.  Hawkey was…

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Pool Design Expert Testimony Not Allowed

Plaintiff filed action against defendants for personal injuries sustained while vacationing at their resort.  Plaintiff’s pool design expert was not allowed based on numerous Daubert factors. Facts:  This case (Pierre v. Hilton Rose Hall Resort & Spa et al – United States District Court – Eastern District of New York…

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Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

  Stewart v. Capital Safety USA – United States District Court – Western District of Louisiana – March 18th, 2016 – In this products liability case, the plaintiffs filed suit under the e Louisiana Products Liability Act.  They allege that Defendant (Capital Safety USA) is at fault for the death of  Ty…

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