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Articles Posted in Daubert

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Orthopedic Surgery Expert Witness Testimony Allowed in Prisoner Adequate Care Litigation

Summary: Orthopedic Surgery Expert Witness testimony was allowed even though the plaintiff argued that the doctor did not provide an explanation that splinting was the best course of treatment for the plaintiff’s injuries. Facts:  This case (Witkin v. Lotersztain – United States District Court – Eastern District of California –…

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Jails & Prisons Expert Witness Testimony Allowed in Part in Constitutional Rights Case

Summary: Jails & Prisons Expert Witness allowed to provide testimony in part even though the defendants argued that he did not reliably apply his methodology when assessing the use of force at issue in this case. Facts:  This case (Jackson et al v. Catanzariti et al – United States District…

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Automobile Mechanical & Body Repair Expert Witness Testimony Allowed in BMW Engine Defect Case

Summary: Automobile Mechanical & Body Repair Expert Witness testimony not excluded even though the defendant argued that the plaintiff’s engine had a different engine than the one tested by the expert. Facts: This case (Loy et al v. BMW of North America, LLC et al – United States District Court…

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Fire Expert Witness Testimony Allowed in Part in Smoke Case

Summary: Defendant hired a Fire Expert Witness to provide testimony in smoke inhalation case. Facts:  This case (Dillon v. Maxus Properties Inc et al – United States District Court – Eastern District of Arkansas – April 9th 2019) involves the death of Jannell Dillon.  Dillon died from smoke and soot…

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Insurance Adjuster Expert Witness Testimony Allowed in Property Insurance Claim Dispute

Summary: Insurance Adjuster Expert Witness allowed to testify as the defense’s argument that the expert witness was not qualified to opine on damages was denied by the court. Facts:  This case (Endurance Capital, LLC v. Seneca Ins. Co. – United States District Court – Southern District of Indiana – October…

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Environmental Engineering Expert Witness Testimony Allowed in Environmental Contamination Case

Summary: Defendants have hired an Environmental Engineering Expert Witness to provide testimony in environmental contamination case. Facts:  This case (Cooper et al v. Meritor, Inc. et al – United States District Court – Northern District of Mississippi – February 11th, 2019)  involves damages to homes allegedly caused the operation of…

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Oncology Expert Witness Testimony Not Allowed in Case Involving Federal Employers Liability Act Claim

Summary: Plaintiff hired an Oncology Expert Witness to provide testimony related to a toxic tort claim Facts:  This case (York v. BNSF Railway Company – United States District Court – District of Colorado – February 21st, 2019) involves a toxic tort claim alleging negligence liability under the Federal Employers’ Liability…

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Fingerprints Expert Witness Allowed in Bank Fraud Criminal Case

Summary: Fingerprints Expert Witness testimony is allowed as the court ruled that the expert reliably applied the fingerprinting methods. Facts:  This case (United States of America v. Lester Aceituno – United States District Court – District of New Hampshire – October 25, 2023) involves an indictment alleging a conspiracy to…

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Correctional Healthcare Expert Witness Testimony Allowed in Incarceration Litigation

Summary: Correctional Healthcare Expert Witness allowed to testify in incarceration litigation as the court ruled that he is qualified to testify based on his education. Facts:  This case (Rogers v. Hierholzer et al – United States District Court – Western District of Texas – December 28th, 2018) involves a claim…

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Professional Engineering Expert Witness Testimony Allowed in Part in Hail Storm Insurance Dispute

Summary: Professional Engineering Expert Witness testimony allowed in part even though the defendant’s argued that the expert did not have any independent knowledge of when the hail storm occurred. Facts: This case (Arab v. Erie Insurance Exchange Activities Association, Inc. – United States District Court – Middle District of Tennessee…

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