Close

Articles Posted in Daubert

Updated:

Mechanical Engineering Expert Witness Not Allowed in Step Stool Litigation

Summary: Mechanical Engineering Expert Witness not allowed to testify in step stool product liability claim even though the judge ruled that he is qualified to provide testimony. Facts:  This case (Brosius v. The Home Depot Inc. et al – United States District Court – Middle District of Florida – February…

Updated:

Radiology Expert Witness Testimony Allowed in Kidnapping Case

Summary: Radiology Expert Witness testimony allowed even though the defendant argued that there is no certification for forensic radiology. Facts:  This case (United States v. Mariscal-Lopez – United States District Court – District of New Mexico – December 21, 2022) involves a claim by the United States Government against the…

Updated:

Genetics Expert Witness Testimony Allowed in Blood Consent Litigation

Summary:  Genetics Expert Witness allowed to testify despite the Defendant’s claim that her testimony on informed consent would not assist the trier of fact. Facts:  This case (Kanuszewski v. Shah – United States District Court – Eastern District of Michigan – February 3rd, 2022) involves a 1983 claim regarding Michigan’s…

Updated:

Lithium Ion Battery Fires Expert Witness Allowed in Part in Laptop Product Liability Case

Summary: Lithium Ion Battery Fires Expert Witness testimony allowed in part because the defendant argued correctly that a duplicate product was not used for testing. Facts:  This case (Philadelphia Indemnity Insurance Company v. Hewlett-Packard Company United States District Court – Western District of Washington – September 5 2023) involves a…

Updated:

Banking Expert Witness Testimony Allowed in Commercial Deposit Case

Summary: Banking Expert Witness testimony allowed as the court concluded that, because the expert is experienced, he does not need to identify the source of specific industry standards Facts:  This case (Noble Bottling, LLC et al v. Hull & Chandler, P.A. et al – United States District Court – Western…

Updated:

Automobile Mechanical & Body Repair Expert Witness Allowed to Testify In Part in Automobile Engine Defects Case.

Summary: Automobile Mechanical & Body Repair Expert Witness testimony is granted in part and denied in part even though the court opined that he was qualified to provide expert witness testimony in an automobile products liability case. Facts:  This case (Grover et al v. BMW of North America, LLC et…

Updated:

Railroad Expert Witness Testimony Excluded in Personal Injury Case

Summary: Railroad Expert Witness testimony not allowed in personal injury case as the defense argued that he was not qualified to offer testimony in this case. Facts: This case (Wilks v. BNSF Railway Company – United States District Court – Eastern District of Oklahoma – August 27, 2020) involves an…

Updated:

Mathematical Sciences Expert Witness Testimony Allowed in Wheat Futures Litigation

Summary: Mathematical Sciences Expert Witness testimony allowed even though the defendants argued that the expert’s report lacks meaningful independent analysis and that his analysis is just an application of another expert in this case. Facts:  This case (Ploss v. Kraft Foods Group, Inc. et al – United States States District…

Updated:

Accident Reconstruction Expert Witness Testimony Not Decided

Summary: Accident Reconstruction Expert Witness testimony not decided as the court opined that there were compelling arguments on both sides. Facts:  This case (Bailon v. Landstar Ranger Inc – United States District Court – Northern District of Texas – September 27th, 2019) involves a car accident.  The plaintiff alleges that…

Updated:

Correctional Healthcare Expert Witness Testimony Partially Excluded in Prisoner Medical Litigation

Overview: Correctional Healthcare Expert Witness allowed to testify in part as the court stated that his expert witness testimony on the life expectancy of the deceased is not reliable. Facts: This case (Paugh et al v. Ashley Valley Medical Center et al – United States District Court – District of Utah…

Contact Us