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Articles Posted in Daubert

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Occupational Medicine Expert Witness Testimony Denied in Part In Tractor-Trailer Crash

Overview:  Occupational Medicine Expert Witness testimony is granted in part because part of the expert’s testimony on the company’s negligence was a legal conclusion and not allowed. Facts:  This case  (Malone et al v. Spence et al – United States District Court – Northern District of Texas – August 9th,…

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Orthopedic Surgeon Expert Witness Allowed to Testify in Collision Claim

Summary:  Orthopedic Surgeon Expert Witness testimony is allowed despite the plaintiff’s argument that he is not qualified to offer opinions on medical rates. Facts:  This case (Galvez v. KLLM Transp. Servs., LLC – United States District Court – Northern District of Texas – December 16th, 2021) involves a claim to…

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Industrial Medicine Expert Witness Testimony Not Allowed in Mold Exposure Case.

Summary:  Industrial Medicine Expert Witness testimony not allowed even though the plaintiff’s claim that her conclusions are supported by the facts. Facts:  This case (Hill v. The GEO Group – United States District Court – Western District of Louisiana – December 21st, 2021) involves a negligence claim against the defendants…

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Software Expert Witness Testimony Allowed in SaaS Contract Case

Summary: Software Expert Witness testimony allowed even though the defense argued that his opinions were not reliable because they were based on apposite facts. Facts: This case (SiteLock LLC v. GoDaddy.com LLC – United States District Court – District of Arizona – March 2nd, 2022) involves a breach of contract…

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Electronics Expert Witness Testimony Not Allowed in Television Installation Case

Summary: Electronics Expert Witness not allowed to testify in contract case even though he owns a small business performing audio-visual installations. Facts:  This case (Peters v. Best Buy Stores, LP – United States District Court – District of Maryland – March 3rd, 2022) involves a breach of contract claim filed…

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Employment Expert Witness Testimony Allowed in Part in Racial Discrimination Litigation

Summary: Employment Expert Witness testimony allowed in part even though the plaintiff argued that it is up to the judge and the jury to to decide liability based on the evidence in the case. Facts:  This case (Dickson v. The Bosworth – United States District Court – Western District of…

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Licensing Expert Witness Testimony Allowed in “Modem Chips” Case

Summary: Licensing Expert Witness testimony was allowed despite the expert relying on the testimony of third parties. Facts:  This case (Federal Trade Commission v. Qualcomm Incorporated – United States District Court – Northern District of California – December 10th, 2018) involves a complicated interaction between cellular communications standards, standard essential…

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Mortgages Expert Witness Testimony Allowed in Part in Mortgage Dispute Case

Summary: Mortgages Expert Witness testimony allowed in spite of defendant’s arguments that the expert does not offer Payment Waiver Protection programs in his own business. Facts:  This case (Schneider et al v. CitiMortgage, Inc. et al – United States District Court – District of Kansas – August 13th, 2019) involves…

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Combustion Engineering Expert Witness Testimony Allowed in Emissions Case

Summary: Combustion Engineering Expert Witness testimony allowed even though the defendants argued that his opinions were unreliable based on his reliance of conclusions of one problem vehicle. Facts:  This case (Counts, et al. v. General Motors, LLC – United States District Court – Eastern District of Michigan – June 9th,…

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Preventive Medicine Expert Witness Testimony Allowed in Products Liability Litigation

Summary: Preventive Medicine Expert Witness allowed to provide testimony even though the defendant states that he was not qualified to offer an expert opinions on technical matters of cardiology. Facts:  This case (Levitt v. Merck & Co., Inc. – U.S. District Court Western District of Missouri – May 28th, 2019)…

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