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Expert Witness Blog

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Patent and Trademark Expert Witnesses Granted in Part, Denied in Part

Plaintiff sued defendant for patent and trademark violations.  Both hired expert witnesses and both challenged the testimony of each witness. Facts:  This case (Loggerhead Tools, LLC v. Sears Holdings Corporation – United States District Court – Northern District of Illinois – September 20th, 2016) involves patent and trademark violations.  The court…

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Medical Toxicologist Expert Witness Testimony Confirmed By Appeals Court

Appellant appealed a decision by the circuit court allowing the expert witness testimony of a medical toxicologist.  The appeals court affirmed the lower court opinion Facts:  This case (State of Wisconsin v. Lory F. Kerk – Wisconsin Court of Appeals – District III – September 13th, 2016) is an appeal…

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Florida Appeals Court Finds Lower Court Erred in Allowing Some Expert Testimony

Appeals court reviewed many aspects of expert witness testimony that was allowed by the lower court.  The appeals court opined that the lower court erred when it allowed some experts to testify. Facts:  This case (Crane Co. v. Delisle – Florida District Court of Appeal – Fourth District – September…

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Two Accident Reconstruction Experts Allowed, Third Expert Allowed in Part.

Plaintiff and defendant were involved in a motor vehicle accident.  Three accident reconstruction experts were hired to provide opinions. Facts:  This case (Jackson v. Asplundh Constr. Corp. – United States District Court – Eastern District of Missouri – Eastern Division – September 8th, 2016) involves a motor vehicle accident between…

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Accident Reconstruction Expert Witness Partially Allowed

Plaintiff and Defendant were involved in a motor vehicle accident.  Defendants expert was challenged and the court granted and denied the motion to exclude. Facts:  This case (Johnson v. Trans-Carriers, Inc – United States District Court – Western District of Tennessee – Western Division – September 7th, 2016) involves a…

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Forensic Engineering Expert Witness Testimony Allowed

Plaintiff sued defendant after being injured while operating a salt spreader.  The defendant challenged the expert witness testimony of plaintiff’s engineering expert.  The judge denied the motion. Facts:  This case (Linhares v. Buyers Prods. Co. – United States District Court – District of Massachusetts – September 2nd, 2016) involves an…

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Chemistry Expert Witness Testimony Allowed

Defendants challenge the expert witness testimony of chemist.  The court disagreed, denying the motion. Facts: This case (Hill v. Brass Eagle, Inc. et al – United States District Court – Northern District of Illinois – Eastern Division – August 29th, 2018) involves an eye injury sustained by a teenage boy…

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2 of 3 Expert Witnesses Not Allowed by Court in Insurance Flood Case

Both parties challenged the expert witness testimonies of 100-year floodplain.  2 out of 3 opinions were excluded by the court Facts: This case (Federal-Mogul Corporation v. Insurance Company of the State of Pennsylvania – United States District Court – Eastern District of Michigan – Southern Division August 26th, 2016) involves a flood…

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Exclusion of Neuropsychology Expert Testimony Affirmed by New Hampshire Supreme Court

Expert witness was challenged on the type of tests used to assess neuropsychological deficits after plaintiffs were exposed to lead paint. Facts:  This case (Osman v. Lin – Supreme Court of New Hampshire – August 23rd, 2016) is an appeal from a trial court opinion.  The plaintiffs are Somali Bantu…

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Forensic Engineers’ Expert Testimony on Alleged Hair Dryer Failure Allowed.

Two forensic engineers were hired to offer their opinions on the alleged failure of a hair dryer.  Both motions to exclude their testimony were denied. Facts:  This case (Czuchaj v. Conair Corp – United States District Court – Southern District of California – August 19th, 2016) is a certified class…

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