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Expert Witness Blog

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Michigan Appeals Court Affirms Exclusion of Oncology Expert Witness

In this medical malpractice case, the plaintiff appeals an opinion of the trial court excluding the opinion on oncology expert witness.  The appeals court affirmed the lower court opinion. Facts: This case (ESTATE OF PEYTON v. NOVI INTERNAL MEDICINE AND PEDIATRICS, PLLC – Court of Appeals of Michigan – April…

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Radiology Expert Witness Paid Through Disbursement Funding

In a recent Lawyers’ Weekly article “David Can Now Challenge Goliath”, the issue of taking on a party who has access to unlimited resources is addressed.  JustKapital, a litigation funder that offers finance to plaintiffs on an international basis, argues that the lack of funding often deters plaintiffs from pursuing legitimate…

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Labels & Warnings Expert Witness Not Allowed

Plaintiff sued defendant after she was injured after falling off a personal watercraft.  Plaintiff hired a labels & warnings expert witness to assist in her case and defendant filed a motion to exclude.  The court granted the motion. Facts:  This products liability case (Ruggiero v. Yamaha Motor Corporation – United…

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Three Expert Witnesses Allowed in Vehicle Sunroof Case.

Putative class action plaintiffs filed suit against the vehicle manufacturer for defects in the sunroofs of certain cars.  Both parties filed motions to exclude three expert opinions.  The court denied the three motions. Facts – This case (NEALE et al v. VOLVO CARS OF NORTH AMERICA, LLC et al –…

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Real Estate Valuation Expert Witnesses Allowed

In the case, the plaintiff seeks a declaratory judgment against defendant regarding language in a lease agreement.  Both parties hired real estate valuation expert witnesses and both filed motions to exclude.  The court denied these motions. Facts:  This case (Buchanan Energy (N), LLC v. Lake Bluff Holdings, LLC – United…

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Three Expert Witnesses Allowed in Tree Stand Ladder Case

Plaintiff fell off a tree stand ladder manufactured by the defendant.  Plaintiff sued and hired an expert witness to help prove his case.  The defendant hired two experts as well.  Both parties filed motions to exclude.  The court denied these motions. Facts:  This case (Jordan Queen v. W.I.C., Inc. d/b/a…

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Mechanical Engineering Expert Witness Allowed in Motor Vehicle Litigation

Plaintiff sued defendants after a motor vehicle collision alleging negligent driving and negligent supervision and training of defendant’s employer.  Plaintiff hired a mechanical engineering expert witness to assist in the collision reconstruction.  Defendant filed a motion to exclude, which was denied. Facts:  This case (Yolanda Dennis v. Ernest Collins, II, et…

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Marketing Expert Witness Testimony Not Allowed in Trademark Infringement Case

Plaintiff filed a trademark infringement lawsuit against defendant.  The plaintiff hired a marketing expert witness to perform a survey on likelihood of confusion.  The testimony was challenged by the defendant via a Daubert motion.  The court granted this motion. Facts:  This case (Valador, Inc v. HTC Corporation, et al.- United States…

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