In John P. Blumberg’s (www.blumberglaw.com) article “Legal-malpractice experts: Choosing, Using or Losing” in the October 2016 issue of The Advocate Magazine, he points out how crucial the legal malpractice expert witness is in reviewing the underlying case. For example, in a circumstance where an attorney recommended a settlement to his…
Plaintiff filed an Americans with Disabilities Act (ADA) claim against his former employer. Plaintiff and defendant both hired expert witnesses and both filed motions to exclude. The court denied the motion to exclude the plaintiff’s expert and granted in part (taking other parts of the motion under advisement) the motion…
Plaintiff was diagnosed with a form of asthma which was allegedly tied to work he did for the defendant. Plaintiff hired occupational medicine expert and defendant filed a motion to exclude said expert. The court denied the motion to exclude Facts: This case (Dermoris Kidd v. Candy Fleet, LLC –…
Plaintiffs filed a class action against defendants related to the effectiveness of their pest control products. Plaintiff hired an insects & pests expert witness to provide testimony. The defendants filed a motion to exclude. The court granted the motion. Facts: This case (Steigerwald v. BHH, LLC et al – United…
Plaintiff hired cardiology expert to opine on medical tests and procedures in his field. Defendant filed a motion to exclude this testimony. The court allowed the testimony to proceed. Facts: This case (United States of America v. Roy Heilbron – United States District Court – District of New Mexico –…
In this contract dispute case, the defendant and plaintiff hired expert witnesses to help with their case. Two out of the three expert testimony was granted. Facts: This case (Joan Cravens Construction, Inc. et al v. Deas Construction, Inc. et al – United States District Court – District of Mississippi…
In this medical malpractice case involving colon cancer, the plaintiff hired three expert witnesses. All but one was excluded from testifying. Facts: This case (Swan v. United States – United States District Court – District of Alaska – December 1st, 2016) involves medical malpractice. The plaintiff (Swan) received treatment from…
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…