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Expert Witness Blog

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

  Palacino et al v. Beech Mountain Resort, Inc. – United States District Court – Western District of North Carolina – December 11th, 2015 – This is a negligence and loss of consortium case involving falling ice.  The plaintiff claims that a ski resort was at fault for not preventing the…

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Testimony of Disabilities Assessment Expert Witness Allowed

The EEOC filed a an Americans With Disabilities Act (ADA) discrimination case on behalf of former employee of defendant. The plaintiff filed a motion to exclude the testimony of their expert witness.  The court denied the motion. Facts: This case (UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. PLACER ARC d/b/a PLACER…

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Child Sexual Abuse Testimony Allowed, Appeals Court Rules

Appellant was convicted of multiple counts of sexual assault on a child.  The appellant appeals the decision, stating that the trial court should not have allowed the expert witness called by the State.  The court affirmed the ruling. Facts: This case (State of Wisconsin v. Larry J. Smith – State…

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

  MEGAN E. BAAN, as the Personal Representative of the Estate of CHARLES CRAVEN MCALPIN, deceased, Appellant, v. COLUMBIA COUNTY – Court of Appeal of Florida – First District – December 8th, 2015 – This is an appeals of an negligence case related to the standard of care of emergency personnel…

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Legal Malpractice Expert Witness Testimony Allowed

The plaintiff sued her former attorney and his law firm for negligence, legal malpractice, and other causes of action.  The defendants filed a motion to exclude or limit the testimony of plaintiff’s expert witness.  The court denied the motion. Facts: In this case (Felicia M. Desimini v. John F. Durkin, Jr.…

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Expert Witness Testimony in Laser Surgery Partially Allowed

In this medical malpractice action, the plaintiff sued her doctor after having a deleterious reaction to a procedure performed by the SmartLipo laser.  The plaintiffs hired an expert to opine on causation and accepted medical practices.  The defendant filed motions to exclude the testimony and it was partially granted. Facts:…

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Dermatologist Expert Witness Testimony Allowed in Medical Malpractice Case

Plaintiff sued numerous defendants for medical malpractice in their treatment of her medical issues.  Plaintiff hired experts to testify and they were subsequently challenged.  The court denied the motion to exclude. Facts:  This case (McBride v. Houston County Health Care Authority et al – United States District Court – Middle…

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

  ALBERT E. GUCKER Plaintiff, v. UNITED STATES STEEL CORPORATION – United States District Court – Western District of Pennsylvania – November 23rd 2015 – This is an employment discrimination case for violation of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Pennsylvania Human Relations…

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