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Articles Posted in Expert Witness Testimony

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Nebraska Supreme Court Affirms Exclusion of Gastroenterology Expert Witness

The appellant filed a products liability claim in district court stating that a drug manufactured by the appellees caused her to have chronic pain.  The district court excluded the expert witness testimony of the appellant’s Gastroenterology Expert Witness.  The supreme court affirmed this opinion. Facts:  This case (Freeman v. Hoffman-La Roche,…

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Oceanography Expert Witness Allowed In Part

Plaintiff sued defendant construction company for violating the Clean Water Act.  The plaintiff hired an Oceanography Expert Witness to provide expert witness testimony.  The defendant filed a motion to exclude, which was granted in part and denied in part by the court. Facts: This case (Gulf Restoration Network v. Oscar Renda…

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Neuropsychiatry Expert Witness Testimony Allowed

Plaintiff sued defendant for medical malpractice.  The plaintiff hired a Neuropsychiatry Expert Witness to provide causation testimony.  This testimony was challenged by the defendant, but denied by the court. Facts:  This case (Robinson, et al. v. Regional Hematology and Oncology, P.A., et al. – Superior Court of the State of Delaware…

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Fire Expert and Mechanical Engineering Expert Witness Not Allowed

Plaintiffs sued defendant after an alleged design defect in a water heater caused a fire and destroyed their home.  Plaintiff hired a Fire Expert Witness and Mechanical Engineering Expert Witness to provide testimony.  The defendant filed a motion to exclude both witnesses, which was granted by the court. Facts:  This case…

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Human Resources Expert Witnesses Not Allowed

Plaintiff sued defendant for employment discrimination.  The plaintiff hired a Human Resources Expert Witness to provide testimony, to which the defendant objected and filed a motion to exclude.  The court granted the motion Facts:  This case (Georges v. Dominion Payroll Services, LLC – United States District Court – Eastern District of…

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Industrial Hygiene & Mold Expert Witness Allowed in Part

Plaintiff sued defendant claiming that they sold a house with mold and moisture exposure.  The defendant hired an Industrial Hygiene & Mold Expert Witness to provide testimony.  The plaintiff moved to exclude this testimony, which was granted in part and denied in part by the court. Facts:  This case (Prima Partners…

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Biomedical Expert Witnesses Allowed

Plaintiffs sued defendant after the trying birth of a baby, who suffered injuries during the birth.  Both parties hired Biomedical Expert Witnesses to provide expert witness testimony.  Both experts were challenged under Daubert, but the court denied both motions. Facts: This case (Dorman et al v. Anne Arundel Medical Center, Inc.…

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Radiology Expert Witness testimony Allowed on Appeal

Plaintiff appeals an opinion of the district court allowing, in part, the testimony of plaintiff’s Radiology Expert Witness. Facts:  This case (Robin Burkhart v. R. Dickel – United States Court of Appeals for the Fourth Circuit – May 2nd, 2018) involves the alleged use of excessive force by the defendants while…

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