Plaintiff sued Defendant related to unfair and deceptive business practices related to exercise equipment. The defendant filed a motion to exclude the testimony of the plaintiff’s biomedical engineering expert witness. The court granted the motion. Facts: This case (Mednick v. Precor Inc – United States District Court – Northern District of…
Expert Witness Blog
Child Sexual Abuse Expert Testimony Allowed
Appellant was convicted on numerous counts of child sexual abuse by the trial court. He appealed this conviction, arguing that the court erred when it allowed expert witness testimony on child sexual abuse accommodation syndrome (CSAAS). The appeals court affirmed the convictions of the lower court. Facts: This case (People…
Construction Expert Witness Testimony Allowed
Defendant insurance company hired construction expert witness to opine on allocation of responsibility for specific costs in project. The plaintiff filed motions to exclude this testimony. The court ruled to allow the expert report. Facts: This case ( PAIGE INTERNATIONAL, INC. v. XL SPECIALITY INSURANCE COMPANY, et al – United States District…
Fire Expert Witness Testimony Allowed
Plaintiff hired expert to opine on the cause of a fire in a house leased by defendants. Defendants filed a motion to exclude the expert witness testimony of the fire expert. The court ruled in favor of plaintiff. Facts: This case (ALLSTATE INSURANCE COMPANY v. ANDERSON et al – United…
Hydrologist’s Expert Testimony Allowed in Groundwater Contamination Case
Defendant is accused of contaminating groundwater near a missile motor casings site. Plaintiff challenged the expert witness testimony of defendant’s hydrologist expert. The court denied the motion to exclude. Facts: This case (Alexander et al v. Halliburton Company et al – United States District Court – Western District of Oklahoma –…
Police Practices Expert Testimony Partially Allowed
Plaintiff sued the City of Chicago Heights and others alleging that he was deprived of his constitutional rights after his murder and attempted murder convictions were overturned. The defendants challenged the expert witness testimony of plaintiff’s police practices expert. Facts: This case (Rodell Sanders v. City of Chicago Heights, et al…
North Carolina Court of Appeals Overturns Admission of Expert Witness Testimony of HGN Test Results
Trial court had admitted expert witness testimony of officer who used HGN (Horizontal Gaze Nystagmus) to arrest defendant of driving while impaired. The appeals court overturned the opinion and ordered a new trial. Facts – This case (State of North Carolina v. William Edward Godwin, III – Court of Appeals…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Hamlett v. Carroll Fulmer Logistics Corp – United States District Court – Southern District of Georgia – April 6th, 2016 – This is a personal injury case involving an accident between a motorcycle and truck. The plaintiffs (Hamlett) sued the defendants for compensatory and punitive damages as well as…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
InternMatch, Inc. v. Nxtbigthing, LLC – United States District Court – Northern District of California – March 28th, 2016 – In this trademark infringement case, the defendants have filed a motion to exclude the testimony of Joseph A. Greco, P.E. (electrical engineering expert witness). Mr. Greco was called as an…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Trask v. Olin Corp – United States District Court – Western District of Pennsylvania – March 28th, 2016 – This is a products-liability case in which a Winchester Model 94 rifle was claimed to have fired accidentally, injuring two of the Plaintiffs. The defendants (Olin) filed a Daubert motion to exclude…