Appeals court affirms opinion of the district court excluding the expert opinion hired by plaintiffs. Facts: This case (Alsip v. Wal- Mart Stores E., LP – United States Court of Appeals for the Eleventh Circuit – August 19th, 2016) is an appeal from a decision in the United States District…
Maritime expert witness testimony opining on causation of a dam allision was challenged by the United States of America. The court denied and allowed parts of the testimony Facts: This case (In re Ingram Barge Co – United States District Court – Northern District of Illinois – Eastern Division –…
Defendants’ challenge the expert witness testimony of psychologist based on reliability and relevancy. The court denied the motion. Facts: – This case (A.H., et al. v. St. Louis County, Missouri, et al. – United States District Court – Eastern District of Missouri – Eastern Division – Augist 15th, 2016) involves…
Defendants’ appealed RICO convictions on numerous grounds, one of which was a challenge to the district court’s decision to allow expert witness testimony of gang expert witnesses. The appeals court confirmed the opinion of the district court. Facts: This case (USA v. Antonio Rios – United States Court of Appeals…
SEC v. Revelation Capital Mgmt., Ltd – United States District Court – Southern District of New York – July 8th, 2016 – This case involves a short sale of securities. The plaintiff (SEC) claims that the defendant (Revelation) violated Rule 105 of Regulation M which prohibits a person from…
The defendant’s challenge of two expert witnesses were denied. Judge finds testimony of witnesses are qualified, relevant, and reliable. Facts: This case (Redmond v. United States of America – United States District Court – Eastern District of Michigan – July 11th, 2016) involves a medical malpractice claim against the defendant…
Circuit court excluded witness testimony of four experts related to injuries caused to a baby during birth. Court of Appeals reversed the opinion and remanded for further proceedings. Facts: This case (Unity Bayer v. Brian D. Dobbins, M.D. – Wisconsin Court of Appeals – July 6th, 2016) involves injuries sustained…
Court reverses lower court opinion (affirmed by the Court of Appeals) allowing the causation expert witness testimony of Dr. Jerrold Abraham. Spaca argued that expert’s cumulative exposure theory dis not fit the legal standard of causation. The Supreme Court agreed. Facts: This case (SCAPA DRYER FABRICS, INC. v. KNIGHT et…
Bob Rose and Robyn Porterfield Workplace injury is a serious problem with many costs including the cost of well-being and even loss or life. The causes and prevention of injury is a complex issue with many factors including adequately functioning machines safety equipment and so on. Interestingly many of the…
Plaintiff hired pathology expert witness to opine on pain and suffering in a products liability case. Defendant filed a motion to exclude the testimony. The court granted in the motion in part and denied the motion in part. Facts: This case (Ostrinsky v. Black & Decker – United States District Court…