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Expert Witness Blog

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

  PHILLIP JACKSON BAILEY, Appellant, v. STATE OF ALASKA, Appellee – Alaska Court of Appeals – December 16th, 2015 – This case is an appeal of a first-degree murder conviction.  The Appellant maintains that the trial court erred when it limited the testimony of his deadly/excessive force expert witnesses Donald Mann.…

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Computer Technology Witness Not Allowed, Security Expert Allowed in Retail Privacy Case

A female sued a retail clothing store for negligence following an episode at the store.  The plaintiff (Jane Doe) hired two experts to assist in her case, both of which were challenged by the defendant.  The court granted the motion for her technology expert and denied the motion regarding her…

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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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