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Articles Posted in Expert Witness Testimony

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Orthopedic Surgery Expert Witness and Rheumatology Expert Witness Testimony Not Allowed

Plaintiff sued Defendant after an accident between their two vehicles allegedly caused Plaintiff’s pre-existing injuries to become exacerbated. Plaintiff hired an orthopedic surgery expert witness and a rheumatology expert witness to assist in her case.  The Defendant filed a motion to exclude these experts and the court granted the motion.…

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Trusts & Estates Expert Witness Testimony Not Allowed

Plaintiffs sued Defendants over the mismanagement of a Trust.  The Defendants hired a trusts & estates expert witness to provide testimony, to which the Plaintiffs filed a motion to exclude.  The court granted the motion. Facts: This case (Kerns et al v. Beam et al – United States District Court –…

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Occupational/Environmental Health Expert Witness Allowed

Plaintiff sued defendants for exposure to asbestos during his years of working with automobile parts.  The plaintiff hired an occupational/environmental health expert witness to assist in the case.  The defendants filed a motion to exclude, which was denied by the court. Facts:  This case (HOFFEDITZ et al v. AM GENERAL, LLC…

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Credit Damage Expert Witness Testimony Not Allowed

Plaintiff sued defendants for violations of the Fair Credit Reporting Act, arguing that they inaccurately reported and investigated a delinquent account as charged off.  Plaintiff hired a credit damage expert witness to assist in his case.  Defendant filed a motion to exclude, which the court granted. Facts:  This case (Barakat…

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Automotive Expert Witnesses Testimony Allowed in Part

Plaintiff sued the defendant because they believe that they are entitled to post-termination commissions for sales of automotive parts they landed on behalf of the defendant.  Both parties hired automotive expert witnesses to prove their cases and both parties filed motion to exclude.  The court granted these motions in part and…

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Chiropractic Expert Witness Testimony Allowed

Plaintiff filed suit after a collision occurred at defendant’s retail store.  The plaintiff hired a chiropractic expert witness to provide testimony.  The defendant filed a motion to exclude this testimony.  The court denied the motion to exclude. Facts: This case (Samuel Lee v. Kmart Corporation – United States District Court –…

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Mechanical Engineering Expert Witness Excluded in Products Liability Case

Plaintiff filed a products liability lawsuit against the manufacturer and installer of an Advanced Electronic Vehicle Interface Technology driving system.  The plaintiff hired a mechanical engineering expert witness to assist in a providing causation testimony.  The defendant filed a motion to exclude.  The district court excluded the testimony and the appeals court…

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Marketing Expert Witness Testimony Allowed

Plaintiff filed a putative class action against the defendant related to automatic enrollment into a toll pay system.  Both parties hired marketing expert witnesses, both parties filed motions to exclude, and both motions were denied. Facts:  This putative class action case (Mendez v. Avis Budget Grp., Inc. – United States…

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Veterinary Expert Witness Allowed and Animals Expert Witness Allowed in Part

Plaintiffs sued defendant for violation of the Endangered Species Act and hired two experts to assist in their case.  The court allowed the veterinary expert witness in full and partially allowed the animals expert witness. Facts:  This case (Graham et al v. San Antonio Zoological Society – Western District of Texas – United…

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