Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment. The defendant filed a motion to exclude the testimony of the plaintiff’s biomedical engineering expert witness. The court granted the motion. Facts: This case (Mednick v. Precor Inc – United States District Court – Northern District of…
Articles Posted in Expert Witness Testimony
Child Sexual Abuse Expert Testimony Allowed
Appellant was convicted on numerous counts of child sexual abuse by the trial court. He appealed this conviction, arguing that the court erred when it allowed expert witness testimony on child sexual abuse accommodation syndrome (CSAAS). The appeals court affirmed the convictions of the lower court. Facts: This case (People…
Fire Expert Witness Testimony Allowed
Plaintiff hired expert to opine on the cause of a fire in a house leased by defendants. Defendants filed a motion to exclude the expert witness testimony of the fire expert. The court ruled in favor of plaintiff. Facts: This case (ALLSTATE INSURANCE COMPANY v. ANDERSON et al – United…
Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case
Defendant is accused of contaminating groundwater near a missile motor casings site. Plaintiff challenged the expert witness testimony of defendant’s hydrologist expert. The court denied the motion to exclude. Facts: This case (Alexander et al v. Halliburton Company et al – United States District Court – Western District of Oklahoma –…
Police Practices Expert Testimony Partially Allowed
Plaintiff sued the City of Chicago Heights and others alleging that he was deprived of his constitutional rights after his murder and attempted murder convictions were overturned. The defendants challenged the expert witness testimony of plaintiff’s police practices expert. Facts: This case (Rodell Sanders v. City of Chicago Heights, et al…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
InternMatch, Inc. v. Nxtbigthing, LLC – United States District Court – Northern District of California – March 28th, 2016 – In this trademark infringement case, the defendants have filed a motion to exclude the testimony of Joseph A. Greco, P.E. (electrical engineering expert witness). Mr. Greco was called as an…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Trask v. Olin Corp – United States District Court – Western District of Pennsylvania – March 28th, 2016 – This is a products-liability case in which a Winchester Model 94 rifle was claimed to have fired accidentally, injuring two of the Plaintiffs. The defendants (Olin) filed a Daubert motion to exclude…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
This case – (STATE OF OHIO v. JUDITH I. HAWKEY – COURT OF APPEALS OF OHIO – THIRD APPELLATE DISTRICT – March 28th, 2016) involves the conviction of the appellant (Hawkey). She appeals the life in prison sentence imposed on her by the Defiance County Common Pleas Court. Hawkey was…
Pool Design Expert Testimony Not Allowed
Plaintiff filed action against defendants for personal injuries sustained while vacationing at their resort. Plaintiff’s pool design expert was not allowed based on numerous Daubert factors. Facts: This case (Pierre v. Hilton Rose Hall Resort & Spa et al – United States District Court – Eastern District of New York…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Stewart v. Capital Safety USA – United States District Court – Western District of Louisiana – March 18th, 2016 – In this products liability case, the plaintiffs filed suit under the e Louisiana Products Liability Act. They allege that Defendant (Capital Safety USA) is at fault for the death of Ty…