Plaintiff appealed an opinion of the district court excluding the testimony of his standard of care expert. The appeals court affirmed the opinion. Facts: This case (Dalip Basanti v. United States of America – United States Court of Appeals for the Tenth Circuit – November 23rd, 2016) is an appeal…
Plaintiff sued defendant for negligence in the design of a toaster that caught on fire, causing the death of the owner. The plaintiff hired an expert to assist in his case, and a motion to exclude was denied in part and granted in part Facts: This case (DAVID OSTRINSKY As…
This case involves healthcare benefits fraud. The Government and the Defendants both hired expert witnesses to assist with their arguments. Both filed motions to exclude, but the court denied both motions. Facts: This case (United States of America v. Bertram – United States District Court – Eastern District of Kentucky…
Class action plaintiffs hired a labor economics expert witness to testify on their behalf. The defendants filed a motion to exclude, which was denied Facts – This case (Bernstein v. Virgin America, Inc. – United States District Court – Northern District of California – November 7th, 2016)- is a putative class…
Below are a few recent opinions on the admissibility of expert witness testimony. Serrano et al v. American Airlines, Inc. – United States District Court – Southern District of Florida – November 8th, 2016 – This case involves injuries sustained by the plaintiff (Serrano) when she attempted to disembark from…
In this personal injury and products liability case, the plaintiff hired two engineering expert witnesses to help in her case. The judge allowed the testimony after a Daubert challenge. Facts: This case (Wyman v. Yates-Am. Mach – United States District Court – District of Maine – October 31st, 2016) is…
The plaintiff, the widow of a woman who died after childbirth, sued the medical facilities for malpractice. He called four expert witnesses. Two were excluded and two were partially excluded. Facts: This case (Hersko v. United States of America – United States District Court – Southern District of New York…
Defendant was indicted for transferring a gun to a minor and for affecting interstate commerce. Defendant hired an expert witness in memory and perception. The court excluded this expert from testifying. Facts: This case (United States v. Vandetta Redwood – United States District Court – Northern District of Illinois –…
The plaintiff sued for antitrust issues regarding shopping mall leasing. Both parties hired economists to provide expert witness testimony. The motions to exclude were denied in part and granted in part Facts: This antitrust case (Gumwood HP Shopping Partners LP v. Simon Property Group Inc – United States District Court…
Plaintiff sued defendant for patent infringement of specific aspects of GPS systems. The plaintiff hired two expert witnesses, which were subsequently excluded. Facts: This case (Visteon Techs., LLC v. Garmin Int’l, Inc. – United States District Court – Eastern District of Michigan – October 14th, 2016) involves a patent infringement…