Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part. Facts: The facts in this case can be accessed in part 1 of this…
Articles Posted in Daubert
Numerous Expert Witnesses Challenged in Negligence Case Involving Airplane Crash – Part 1 of 2
This is part one of a two-part post on a lengthy and detailed opinion. Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part.…
Numerous Experts Challenged in GM Ignition Switch Litigation
Seven experts proffered by the plaintiffs and three experts proffered by the defendants were challenged by the opposing parties. The court ruled that most of the objections go to the weight of the testimony and not the admissibility and, thus, both motions are denied in their entirety (with limited…
Computer Technology Witness Not Allowed, Security Expert Allowed in Retail Privacy Case
A female sued a retail clothing store for negligence following an episode at the store. The plaintiff (Jane Doe) hired two experts to assist in her case, both of which were challenged by the defendant. The court granted the motion for her technology expert and denied the motion regarding her…
Testimony of Disabilities Assessment Expert Witness Allowed
The EEOC filed a an Americans With Disabilities Act (ADA) discrimination case on behalf of former employee of defendant. The plaintiff filed a motion to exclude the testimony of their expert witness. The court denied the motion. Facts: This case (UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PLACER ARC d/b/a PLACER…
Child Sexual Abuse Testimony Allowed, Appeals Court Rules
Appellant was convicted of multiple counts of sexual assault on a child. The appellant appeals the decision, stating that the trial court should not have allowed the expert witness called by the State. The court affirmed the ruling. Facts: This case (State of Wisconsin v. Larry J. Smith – State…
Legal Malpractice Expert Witness Testimony Allowed
The plaintiff sued her former attorney and his law firm for negligence, legal malpractice, and other causes of action. The defendants filed a motion to exclude or limit the testimony of plaintiff’s expert witness. The court denied the motion. Facts: In this case (Felicia M. Desimini v. John F. Durkin, Jr.…
Expert Witness Testimony in Laser Surgery Partially Allowed
In this medical malpractice action, the plaintiff sued her doctor after having a deleterious reaction to a procedure performed by the SmartLipo laser. The plaintiffs hired an expert to opine on causation and accepted medical practices. The defendant filed motions to exclude the testimony and it was partially granted. Facts:…
Dermatologist Expert Witness Testimony Allowed in Medical Malpractice Case
Plaintiff sued numerous defendants for medical malpractice in their treatment of her medical issues. Plaintiff hired experts to testify and they were subsequently challenged. The court denied the motion to exclude. Facts: This case (McBride v. Houston County Health Care Authority et al – United States District Court – Middle…
Anesthesiology Expert Witness Testimony Allowed in Medical Malpractice Case
The defendant challenged the standard of care expert witness testimony of anesthesiologist on numerous grounds. The court denied the motion. Facts: This case (Sine v. Sheren – United States District Court – Northern District if West Virginia – April 24th, 2015) involves a medical malpractice lawsuit. In September 2013,…