Summary: Education & Schools Expert Witness testimony is granted in part and denied in part despite the fact that the plaintiff argued that her expert opinion on Title IX is not a proper subject of expert testimony. Facts: This case (Pogorzelska v. VanderCook College of Music – United States District…
Expert Witness Blog
Software Engineering Expert Witness Testimony Excluded in Trade Secrets Litigation
Summary: Software Engineering Expert Witness testimony not allowed even though the United States alleged that they provided more expert witness information in discovery. Facts: This case (United States of America v. Minkkinen et al – United States District Court – Southern District of West Virginia – June 26, 2023) involves…
Jails & Prisons Expert Witness Testimony Allowed in Negligence Litigation
Summary: Jails & Prisons Expert Witness testimony allowed as the plaintiff did not cite to caselaw regarding his argument that the expert works for the defendant and his opinion should be excluded. Facts: This case (Romero v. CORE CIVIC, INC – United States District Court – District of New Mexico…
Marketing Expert Witness Testimony Allowed in Mail Order Conspiracy Litigation
Summary: Marketing Expert Witness testimony allowed even though the plaintiff argued that the expert did not employ any methodology to his marketing opinion. Facts: This case (United States v. Runner – United States District Court – Eastern District of New York – May 30, 2023) involves a government claim against…
Life Care Planning Expert Witness Testimony Excluded in Motor Vehicle Accident Case
Summary: Life Care Planning Expert Witness testimony not allowed because the expert did not have a medical endorsement from a qualified medical expert. Facts: This case (Norman v. Leonard’s Express, Inc. – United States District Court – Western District of Virginia – April 21, 2023) involves a motor vehicle accident…
Orthopedic Surgery Expert Witness Testimony Allowed in Knee Injury Litigation
Summary: Orthopedic Surgery Expert Witness testimony is allowed because the court ruled that his expert opinion was not speculative because his testimony mirrored that of the state standard in Texas. Facts: This case (Connell West Trucking Co., Inc. et al v. Estes Express Lines et al – United States District…
Internal Medicine Expert Witness Testimony Allowed in Wrongful Death Prison Litigation.
Summary: Internal Medicine Expert Witness testimony allowed even though the plaintiff argued that the expert did not act within the standard of care when she did not contact an on-call physician. Facts: This case (Griffin v. Coffee County et al – United States District Court – Southern District of Georgia…
Cybersecurity Expert Witness Testimony Allowed in Part in Data Breach Litigation
Summary: Cybersecurity Expert Witness testimony allowed in part as the court decided that the expert’s testimony was reliable based on his experience in cypersecurity forensics. Facts: This case (Savidge et al v. Pharm-Save, Inc. et al – United States District Court – Western District of Kentucky – March 31, 2023)…
Vocational Evaluation & Rehabilitation Expert Witness Testimony Allowed in Slip & Fall Litigation
Summary: Vocational Evaluation & Rehabilitation Expert Witness testimony allowed because the expert’s use of the term “non-severe disability” is founded on a valid methodology. Facts: This case (TELMANOSKI et al v. BONEFISH GRILL, LLC et al – United States District Court – District of New Jersey – November 29, 2022) …
Biomechanics Expert Witness Testimony Allowed in Part in Trampoline Park Accident
Summary: Biomechanics Expert Witness testimony allowed in part even though the defense argued that his biomechanical engineering background does not qualify him to testify in this injuries case. Facts: This case (Haines v. Get Air Tucson Incorporated et al – United Stated District Court – District of Arizona – July…