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Expert Witness Blog

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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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Slip, Trip & Fall Expert Witness Testimony Affirmed By Ninth Circuit

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…

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Maritime Expert Witness Testimony Partially Allowed

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 –…

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Court Denies Daubert Motion Challenging Psychologist Expert Witness

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…

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Sixth Circuit Affirms Gang Expert Witness Testimony

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…

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Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

  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…

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Expert Witnesses Allowed in Liver Cancer Medical Malpractice Action

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…

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