Expert witness was challenged on the type of tests used to assess neuropsychological deficits after plaintiffs were exposed to lead paint. Facts: This case (Osman v. Lin – Supreme Court of New Hampshire – August 23rd, 2016) is an appeal from a trial court opinion. The plaintiffs are Somali Bantu…
Articles Posted in Expert Witness Testimony
Forensic Engineers’ Expert Testimony on Alleged Hair Dryer Failure Allowed.
Two forensic engineers were hired to offer their opinions on the alleged failure of a hair dryer. Both motions to exclude their testimony were denied. Facts: This case (Czuchaj v. Conair Corp – United States District Court – Southern District of California – August 19th, 2016) is a certified class…
Slip, Trip & Fall Expert Witness Testimony Affirmed By Ninth Circuit
Appeals court affirms opinion of the district court excluding the expert opinion hired by plaintiffs. Facts: This case (Alsip v. Wal- Mart Stores E., LP – United States Court of Appeals for the Eleventh Circuit – August 19th, 2016) is an appeal from a decision in the United States District…
Maritime Expert Witness Testimony Partially Allowed
Maritime expert witness testimony opining on causation of a dam allision was challenged by the United States of America. The court denied and allowed parts of the testimony Facts: This case (In re Ingram Barge Co – United States District Court – Northern District of Illinois – Eastern Division –…
Sixth Circuit Affirms Gang Expert Witness Testimony
Defendants’ appealed RICO convictions on numerous grounds, one of which was a challenge to the district court’s decision to allow expert witness testimony of gang expert witnesses. The appeals court confirmed the opinion of the district court. Facts: This case (USA v. Antonio Rios – United States Court of Appeals…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
SEC v. Revelation Capital Mgmt., Ltd – United States District Court – Southern District of New York – July 8th, 2016 – This case involves a short sale of securities. The plaintiff (SEC) claims that the defendant (Revelation) violated Rule 105 of Regulation M which prohibits a person from…
Expert Witnesses Allowed in Liver Cancer Medical Malpractice Action
The defendant’s challenge of two expert witnesses were denied. Judge finds testimony of witnesses are qualified, relevant, and reliable. Facts: This case (Redmond v. United States of America – United States District Court – Eastern District of Michigan – July 11th, 2016) involves a medical malpractice claim against the defendant…
Wisconsin Appeals Court Reverses Exclusion of Experts’ Testimony in Medical Malpractice Action
Circuit court excluded witness testimony of four experts related to injuries caused to a baby during birth. Court of Appeals reversed the opinion and remanded for further proceedings. Facts: This case (Unity Bayer v. Brian D. Dobbins, M.D. – Wisconsin Court of Appeals – July 6th, 2016) involves injuries sustained…
Georgia Supreme Court Reverses Lower Court’s Opinion Admitting Pathology Expert Witness Testimony
Court reverses lower court opinion (affirmed by the Court of Appeals) allowing the causation expert witness testimony of Dr. Jerrold Abraham. Spaca argued that expert’s cumulative exposure theory dis not fit the legal standard of causation. The Supreme Court agreed. Facts: This case (SCAPA DRYER FABRICS, INC. v. KNIGHT et…
Pathologist Expert Witness Testimony Partially Allowed
Plaintiff hired pathology expert witness to opine on pain and suffering in a products liability case. Defendant filed a motion to exclude the testimony. The court granted in the motion in part and denied the motion in part. Facts: This case (Ostrinsky v. Black & Decker – United States District Court…