The EEOC filed a an Americans With Disabilities Act (ADA) discrimination case on behalf of former employee of defendant. The plaintiff filed a motion to exclude the testimony of their expert witness. The court denied the motion. Facts: This case (UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PLACER ARC d/b/a PLACER…
Appellant was convicted of multiple counts of sexual assault on a child. The appellant appeals the decision, stating that the trial court should not have allowed the expert witness called by the State. The court affirmed the ruling. Facts: This case (State of Wisconsin v. Larry J. Smith – State…
The plaintiff sued her former attorney and his law firm for negligence, legal malpractice, and other causes of action. The defendants filed a motion to exclude or limit the testimony of plaintiff’s expert witness. The court denied the motion. Facts: In this case (Felicia M. Desimini v. John F. Durkin, Jr.…
In this medical malpractice action, the plaintiff sued her doctor after having a deleterious reaction to a procedure performed by the SmartLipo laser. The plaintiffs hired an expert to opine on causation and accepted medical practices. The defendant filed motions to exclude the testimony and it was partially granted. Facts:…
The defendant challenged the standard of care expert witness testimony of anesthesiologist on numerous grounds. The court denied the motion. Facts: This case (Sine v. Sheren – United States District Court – Northern District if West Virginia – April 24th, 2015) involves a medical malpractice lawsuit. In September 2013,…
In this title insurance dispute involving the construction of a ski resort in Idaho, the plaintiffs challenged the expert witness testimony of two experts. The court granted one motion to exclude in part and denied the other in full. Facts: This case (Stewart Title Guaranty Company v. Credit Suisse –…
The defendant hired an accountant to provide expert witness testimony on damages in this patent infringement case. The plaintiff filed a motion to exclude the testimony. Facts: This case (Deflecto, LLC v. Dundas*Jafine Inc. – United States District Court – Western District of Missouri – November 4th, 2015) involves patent…
Both plaintiffs and defendants hired expert witnesses in this proposed class action. In one piece of the case, the defendants filed a motion to exclude the testimony of an expert in marketing. The court denied the motion. Facts: This consumer class action litigation (Suchanek et al v. Sturm Foods, Inc.…
Numerous defendants were indicted on various charges, including racketeering conspiracy. The Government alleges that the defendants were associated with a street gang and hired to experts to help prove their case. Facts: This case (United States of America v. Brandon Orr, et. al – United States District Court – Middle…
Prisoner with kidney stones sued a nurse who refused to see him, after complaining of severe pain. The defense hired an expert in urology and the plaintiff challenged certain portions of this testimony. Facts: In this case (Homaidan Al-Turki v. Mary Susan Robinson, RN – United States District Court – District…