Summary: Emergency Medicine Expert Witness testimony allowed even though the defendant argued that the expert’s use of descriptive words to describe the decedent’s pain is subjective in nature. Facts: This case (Burrows et al v. 3M Company – United States District Court – Western District of Washington – August 12,…
Expert Witness Blog
Occupational Medicine Expert Witness Testimony Allowed in Discrimination Lawsuit Against City of Chicago
Summary: Occupational Medicine Expert Witness testimony allowed even though the plaintiffs argued that he did not conduct a validation study pursuant to specific EEOC Guidelines. Facts: This case (Livingston et al v. City of Chicago – United States District Court – Northern District of Illinois – April 6th, 2022) involves…
Nutrition Expert Witness Testimony Allowed in Dietary Supplement Mislabeling Litigation
Summary: Nutrition Expert Witness testimony allowed despite the defendants argument that he contradicted his own previous opinions that “ALL of the SAM-e manufactured by Vitamins Because was deficient.” Facts: This case (Malgeri et al v. Vitamins Because LLC et al – United States District Court – Southern District of Florida…
Environmental Toxicology Expert Witness Testimony Not Allowed in Deepwater Horizon Litigation
Summary: Environmental Toxicology Expert Witness testimony not allowed even though the expert stated that in order to prove exposure, he would have to base his opinion on the scientific methods of an environmental toxicology. Facts: This case (Pettaway v. BP Exploration & Production, Inc. et al – United States District…
Addiction Medicine Expert Witness Allowed in Prescription Conspiracy Litigation
Summary: Addiction Medicine Expert Witness testimony is allowed because the court ruled that the expert’s testimony will not include a legal opinion Facts: This case (United States v. Taylor – United States District Court – Eastern District of Kentucky – December 2., 2022) involves a claim by the United States…
Environmental Engineering Expert Witness Testimony Allowed in Hazardous Contaminant Spill Litigation
Summary: Environmental Engineering Expert Witness allowed to testify even though the defendant argued that he did not follow NCP standards when obtaining field samples of a hazard contaminant. Facts: This case (Courtland Co. v. Union Carbide Corp. – United States District Court – Southern District of West Virginia – April…
Business Valuation Expert Witness Testimony Allowed in Part in Securities Lawsuit
Summary: Business Valuation Expert Witness testimony allowed in part because the plaintiff’s charge that Dr. Finnerty relied on unknown information should be discussed on cross-examination. Facts: This case (Overwell Harvest, Limited v. Widerhorn et al – United States District Court – Northern District of Illinois – December 2, 2022) involves…
Accident Reconstruction & Safety Expert Witness Testimony Not Allowed in Slip & Fall Litigation
Summary: Accident Reconstruction & Safety Expert Witness not allowed to testify even though the plaintiff argued that Kroger’s argument that Balian’s opinion was general knowledge should be brought up at cross-examination. Facts: This case (Sutton v. Kroger Co. – United States District Court – Eastern District of Tennessee – July…
Civil Engineering Expert Witness Testimony Allowed in Part in Water Slide Injury Litigation
Summary: Civil Engineering Expert Witness testimony allowed in part even though the plaintiff argued that the expert’s testimony involving visibility and ride duration will not assist the trier of fact because it rehashed other testimony. Facts: This case (Saulsbery v. Mark Twain Water Zone, LLC et al – United States…
Statistics Expert Witness Testimony Allowed in Phlebotomy Promotion Litigation
Summary: Statistics Expert Witness testimony not allowed even though the defendant argued that they have not been able to replicate the expert’s analysis. Facts: This case (Stewart v. Quest Diagnostics Clinical Laboratories, Inc. et al – United States District Court – Southern District of California – October 5, 2022) involves…