Summary: Electronic Discovery Expert Witness testimony not excluded even though the defendant argued that testimony on “Null Message Bodies” is not relevant because it is not evidence of user deletion. Facts: This case (Pajak v. Under Armour – United States District Court – Northern District of West Virginia – October…
Summary: Architecture Expert Witness testimony allowed in part even though the plaintiff argued that an opinion on substantial similarity is not needed as the test is whether the designs are similar to an ordinary observer. Facts: This case (Design Basics, LLC v. Forrester Wehrle Homes, Inc. et al – United…
Summary: Spine Surgery Expert Witness allowed even though the plaintiff argued that the expert witness did not have the knowledge or education to testify on velocity of the collision. Facts: This case (Miller v. Secura Supreme Insurance Company – United States District Court – District of Colorado – Jul 6th, 2023)…
Summary: Statistics Expert Witness allowed to provide testimony even though the defendant argued that his opinion should be excluded due to inconsistencies and errors. Facts: This case (Cone et al v. Sanitarios Lamosa S.A. DE C.V. et al – United States District Court – Eastern District of Texas – September…
Summary: Epidemiology Expert Witness allowed to testify in products liability case despite arguments that she changed her testimony. Facts: This case (Barrera, et al. v. Monsanto Company – Superior Court of the State of Delaware – May 31st, 2019) involves a products liability claim. The plaintiffs allege that their cancer…
Summary: Professional Engineering Expert Witness allowed to provide testimony in part even though the defendant argued that the expert’s opinions would not assist the trier of fact. Facts: This case (Leftridge v. Speedway LLC – United States District Court – Northern District of Indiana – October 10th, 2019) involves a…
Summary: Securities Expert Witness testimony is allowed as the judge determined that “Ponzi schemes” is an allowed topic for expert witness testimony. Facts: This case (Hafen v. Howell et al – United States District Court – District of Utah – February 23, 2023) involves a Receiver’s action against the defendants…
Summary: Medical Devices Expert Witness testimony is granted in part and denied in part as the judge ruled that the expert was qualified to offer an opinion on the alleged inadequacy of the Injectafer label. Facts: This case (CROCKETT v. LUITPOLD PHARMACEUTICALS, INC. et al – United States District Court…
Summary: Human Resources Expert Witness testimony allowed in part because the court determined that the expert’s testimony had a reasonable factual basis. Facts – This case (Shampine v. U.S. Foods, Inc. – United States District Court – Eastern District of Tennessee – November 21, 2022) involves an employment claim. The…
Summary: Employment Expert Witness testimony partially allowed even though the court ruled that the expert was qualified to offer an opinion on reduction in force because of her experience in human resources. Facts: This case (Self v. Perspecta Enterprise Solutions, LLC et al – United States District Court – Southern…