Expert witness was called to testify on her counseling sessions with the child. Her testimony did not qualify to meet standards under Rule 702. Facts: This case, (Berenice Vega Ostos v. Jose Alfredo Vega – United States District Court for the Northern District of Texas – Dallas Division – June…
Articles Posted in Daubert
Testimony of Radiologist in Medical Malpractice Case Allowed
Plaintiff’s expert witness testified on the standard of care in the performance of a cervico-cerebral angiogram. After a challenge, the testimony was said to establish an element of causation. Facts: This case (Jessica Marie Muniz v. United States of America – United States District Court – Northern District of Alabama…
Second Circuit Upholds Challenge to Testimony of Numismatic Expert Witness
Defendants convicted of mail and wire fraud and money laundering involving a coin sales scheme appealed a decision by lower court. The appeal was denied. Facts: This case (United States of America v. Michael Romano, et al – United States Court of Appeals, Second Circuit – July 27th, 2015) involves…
Pathology Expert Witness Testimony in Wrongful Death Case is Allowed
Plaintiff’s expert witness testimony regarding cause of death was challenged by defendant. The motion to exclude was denied. Facts: This case (Estate of Patrick Burns v. Sangamon County Sheriff’s Department et al – United States District Court – Central District of Illinois – July 21st, 2015) involves the apprehension, and…
Challenge to Child Abuse Expert Testimony Partially Granted
Plaintiff’s child abuse expert was allowed to provide opinions on child abuse case, except where testimony was speculative or unduly prejudicial. Facts: This case (United States of America v. Dakota Lane Williston – United States District Court – Eastern District of Oklahoma – May 11th, 2015) involves the death of…
Explosions Expert Witness Testimony Partially Allowed
Plaintiff’s explosion and fire investigator expert was allowed to opine on the origin of a fire but not about any defects in the combine equipment. Facts: The present case (Scottsdale Insurance Company v Deere & Company (United States District Court – District of Kansas – July 14th, 2015) involves a…
Trucking Expert Witness Testimony Allowed
Plaintiff’s expert testimony regarding alternative truck designs was challenged by defendant. The motion to exclude was denied. Facts: This case (Torrez Cruz et al v. Kumho Industrial Co’, Ltd, et al – United States District Court – Northern District of New York – May 11, 2015) concerns the following: On…
Two Microbiology Experts’ Opinions Allowed in Drug Case
Plaintiff’s and defendant’s microbiology experts were challenged on numerous grounds involving a new probiotic supplement. Both motions were denied Facts: This case (United States of America v. Bayer Corporation – United States District Court – District of New Jersey – April 30th, 2015) involves claims made by Bayer regarding its…
Industrial Medicine Expert’s Testimony Allowed In Asbestos Case
Plaintiff’s expert witness testified in this case involving asbestos exposure. The motion to exclude his testimony was denied. Facts:: This case (Sally Gros Vedros v. Northrop Grumman Shipbuilding, inc., et al – June 25th, 2015 – United States District Court – E.D. Louisiana) involves secondary exposure to asbestos. The plaintiff’s…
Expert Testimony Related to Human Factors Partially Allowed
An expert testified on many aspects of a case involving a pedestrian struck by tractor-trailer. His opinions related to human factors were partially allowed. Facts: This case (Raymond K. Jones v. Beelman Truck Company – United States District Court, Eastern District of Missouri – June 9th, 2015) involves a motor…