Plaintiff sued defendant related to allegedly illegal reimbursements for prescription drugs. Both parties hired experts to provide testimony on their behalf and both filed Daubert motions to exclude. The court denied both motions. Facts: This case (United States of America et al v. Kmart Corporation – United States District Court…
Expert Witness Blog
Chiropractic Expert Witness Testimony Allowed
Plaintiff filed suit after a collision occurred at defendant’s retail store. The plaintiff hired a chiropractic expert witness to provide testimony. The defendant filed a motion to exclude this testimony. The court denied the motion to exclude. Facts: This case (Samuel Lee v. Kmart Corporation – United States District Court –…
Mechanical Engineering Expert Witness Excluded in Products Liability Case
Plaintiff filed a products liability lawsuit against the manufacturer and installer of an Advanced Electronic Vehicle Interface Technology driving system. The plaintiff hired a mechanical engineering expert witness to assist in a providing causation testimony. The defendant filed a motion to exclude. The district court excluded the testimony and the appeals court…
Four Experts, Including a Risk Management Witness, Allowed
Plaintiff filed suit over an excavation related to a construction project. One company, DBM hired four experts to testify on their behalf. Motions were filed to exclude these experts. The motions were denied. Facts: This case (United States of America for the use of Donald B. Murphy Contractors v. Travelers…
Architecture Expert Witness Allowed in Part
Plaintiff sued defendant for allegedly copying their residential home design plans. The defendant hired an architecture expert witness and the plaintiff filed a motion to exclude. The court denied the motion in part and granted the motion in part. Facts: This case (Design Basics LLC v. Petros Homes, Inc – United…
Legal Ethics Expert Witness Expert Testimony Allowed
Plaintiff sued defendant related to a transfer of funds to an attorney’s trust account. The defendant hired a legal ethics expert witness to assist in his case. The plaintiff filed a motion to exclude, which was denied by the court. Facts: This case (Guffy v. DeGuerin et al – United States…
Marketing Expert Witness Testimony Allowed
Plaintiff filed a putative class action against the defendant related to automatic enrollment into a toll pay system. Both parties hired marketing expert witnesses, both parties filed motions to exclude, and both motions were denied. Facts: This putative class action case (Mendez v. Avis Budget Grp., Inc. – United States…
Veterinary Expert Witness Allowed and Animals Expert Witness Allowed in Part
Plaintiffs sued defendant for violation of the Endangered Species Act and hired two experts to assist in their case. The court allowed the veterinary expert witness in full and partially allowed the animals expert witness. Facts: This case (Graham et al v. San Antonio Zoological Society – Western District of Texas – United…
Mechanical Engineering Expert Witness Testimony Excluded
Plaintiff sued his former employer under the Americans with Disabilities Act of 1990 and the Florida Civil Rights act of 1992. The defendant hired a mechanical engineer expert witness to provide testimony. The Plaintiff filed a motion to exclude and the court granted the motion. Facts: This case (Eveler v. Ford…
Plumbing & HVAC Expert Witness Testimony Not Allowed
Plaintiff sued defendant after she allegedly slipped and fell on a puddle of water. The plaintiff hired a Plumbing & HVAC Expert Witness. The defendant filed a motion to exclude this expert testimony and the court agreed. The testimony was not allowed. Facts: This case (Walker et al v. Target Corporation…