Two economic experts’ opinions on lost profits in suit against former employee were challenged by defense. The testimony was deemed allowable by the court. Facts: This case (Quantum Fitness Corporation et al v. Cybex International Inc. et al – United States District Court – Southern District of Texas – September 16th,…
Articles Posted in Expert Witness Testimony
Child Sexual Abuse Expert Testimony Allowed
Defendant in child sexual abuse case filed a motion to exclude the expert based on timeliness, relevance, and reliability. The motion for all three was denied. Facts: This opinion (United States of America v. Joseph D. Maurizio, Jr – United States District Court – District of Pennsylvania – September 8th,…
North Carolina Appeals Court Confirms Exclusion OF Accounting Expert Witness
Defendant attorney was ordered to be disbarred by the North Carolina Disciplinary Hearing Commission (DHC). He appealed this opinion as well as the exclusion of his expert witness. The appeals court confirmed the opinions of the DHC. This case (The North Carolina State Bar v. William S. Britt – Court…
Internal Medicine Expert Witness Testimony Allowed in Malpractice Case
Expert witness in standard of care testimony was excluded by lower court based on qualifications. The court of appeals confirmed this opinion, but overturned lower court opinion in substituting another expert. Facts: This case (Preston et al. v. Amadei – Court of Appeals of Arizona, Division One – August 27th,…
Carcinogen Expert Testimony on Vinyl Chloride Excluded in Negligence Case, Says Seventh Circuit
Appeals court affirms opinion of district court that experts’ testimony was not scientifically reliable. However, the court does set precedent on differential diagnoses to support general and specific causation. Facts: This case (C.W. and E.W., by Guardians and Next Friends Adele A. Wood and Jason A. Woon v. Textron, Inc-…
Insurance Expert Testimony Partially Allowed in Coverage Dispute
Insurance expert’s testimony in breach of contract and bad faith action were partially allowed (based on industry customs and practice) and partially denied (based on pronouncements of law). Facts: This case (Gebremedhin et al v. American Family Mutual Insurance Company – United States District Court – District of Colorado –…
Pennsylvania Supreme Court Upholds Ruling on DNA Experts
Appellant in case challenged numerous rulings from Post Conviction Relief Act (PCRA), some related to testimony of DNA experts. The Court upheld these rulings. Facts: The core of this case (Commonwealth of Pennsylvania v. Stephen Treiber – Supreme Court of Pennsylvania – Eastern District – August 17th, 2015) involves an…
Circuit Court Reverses Exclusion of Pharmacist Testimony in Negligence Action
District court excluded pharmacist expert witness testimony based on unreliable methodology. The Circuit court reversed. Facts: In this case (Shan Kovaly v. Wal-Mart Stores Texas, L.L.C. – United States Court of Appeals for the Fifth Circuit – August 12th, 2015), the plaintiff (Kovaly) was discharged from the hospital two days…
Allowed Child Abuse Expert Witness Testimony Confirmed By Appeals Court
Expert witness called to testify in criminal prostitution case is allowed by federal district court. Appeals court confirms. Facts: This case (US v. Kevin Fuertes – United States Appeals Court for the Fourth Circuit – August 18th, 2015) involves the arrest and prosecution of two individuals (Fuertes and Ventura) who…
Expert Witness Testimony in Healthcare Case Allowed
A circuit court’s allowance of expert witness testimony in hospital relocation case is confirmed on appeal. Facts: This case (Colbert County Northwest Alabama Health Care Authority d/b/a Helen Keller Hospital v. RegionalCare Hospital Partners, Inc., RCHP-Florence, LLC d/b/a North Alabama Medical Center, and the State Health Planning and Developmental Agency…