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Expert Witness Blog

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Insurance Expert Witness Testimony Allowed in Coverage Case Involving Attorneys’ Fees

Summary: Insurance Expert Witness is allowed to testify even though the plaintiffs argued that he is unqualified because he does not have any experience in providing expert opinions on attorneys’ fees in trademark litigation. Facts:  This case (America Can! et al v. Arch Insurance Company et al – United States…

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Orthopedic Surgery Expert Witness Testimony Allowed in Part in Slip and Fall Case.

6Summary:  Orthopedic Surgery Expert Witness testimony is allowed in part, even though the plaintiff argued that the expert was not qualified as he has not done billing in certain practices for over 25 years. Facts:  This case (Ramos v. The Home Depot Inc – United States District Court  – Northern…

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Radiology Expert Witness Testimony Allowed in Insurance Company Policy Litigation

Summary:  Radiology Expert Witness testimony is allowed despite the defendant’s claims that the expert witnesses causation theory that the accident caused a subarachnoid hemorrhage is not supported by empirical evidence. Facts:  This case (Ortiz v. ReliaStar Life Ins. – United States District Court – Eastern District of Texas – February…

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Mechanical Engineering Expert Witness Testimony Allowed in Defective Jack Stand Litigation

Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendants argued that he did not have the qualifications to provide testimony in accident reconstruction and does not have any formal biomechanical training. Facts:  This case (Klorczyk et al v. Sears, Roebuck & Co. et al – United…

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Professional Engineering Expert Witness Testimony Not Allowed In Railroad Accident Case

Summary: Professional Engineering Expert Witness testimony excluded in case involving alleged failure to maintain track as the experts discussion of the “fifty-year rain event” was a legal conclusion. Facts:  This case (Gordon et al v. New England Central Railroad, Inc. – United States District Court – District of Vermont –…

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Auto Insurance Expert Witness Partially Allowed to Testify in Car Crash Case

Summary: Three experts including an Auto Insurance Expert Witness, were partially allowed to testify in part in a bad faith insurance dispute regarding insurance company’s failure to pay claims on time. Facts: Patsy Ambrose vs State Farm Mutual Automobile Insurance Company, Case No. 20-1011 Section “E” (United States District Court…

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Biomechanics Expert Witness Testimony Allowed In Part in Skiing Litigation

Summary: Biomechanics Expert Witness allowed to testify in part even though the plaintiff argued that the experts testimony should be excluded because a model of a head was different than the head of the plaintiff. Facts:  This case (Rogers, Steven et al v. K2 Sports USA et al – United…

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Law Enforcement Expert Witness Testimony Not Allowed In Prisoner/Police Officer Altercation

Summary: Law Enforcement Expert Witness testimony not allowed as the court opined that his report offers legal conclusion. Facts:  This case (Williams v. City of Houston Tx et al – United States District Court – Southern District of Texas – June 11th, 2019) involves an altercation that the plaintiff had…

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Behavioral Science Expert Witness Testimony Allowed in Part in Criminal Records Case

Summary: Behavioral Science Expert Witness testimony allowed in part as the court opined that the report would assist the trier of fact. Facts:  This case (TAHA v. BENSALEM TOWNSHIP et al – United States District Court – Eastern District of Pennsylvania – April 29th, 2019) involves a class action claim…

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Cardiology Expert Witness Testimony Not Allowed in Cruise Line Litigation

Cardiology Expert Witness not allowed to testify because he did not review the plaintiff’s medical file. Facts:  This case (Noon v. CARNIVAL CORPORATION – United States District Court – Southern District of Florida – November 6th, 2019) involves a wrongful death action action against a cruise line.  The plaintiff, Randall…

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