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Expert Witness Blog

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

  Bickham v. Coca Cola Refreshments USA, Inc. – United States District Court – Southern District of New York – November 18th, 2015 – This case involves a negligence claim against Coca Cola related to an object allegedly swallowed during the ingestion of a soft drink. The plaintiff hired Darrel Suderman,…

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Anesthesiology Expert Witness Testimony Allowed in Medical Malpractice Case

The defendant challenged the standard of care expert witness testimony of anesthesiologist on numerous grounds.   The court denied the motion. Facts: This case (Sine v. Sheren – United States District Court – Northern District if West Virginia – April 24th, 2015) involves a medical malpractice lawsuit.  In September 2013,…

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

  Bruska v. Bunting Bearings – United States District Court – District of Minnesota – November 17th, 2015 – In this products liability case involving automobile brakes, the defendants’ challenge the expert witness testimony of James Brusso, a metallurgy expert witnesses.  They argue that his testimony is unreliable, over speculative and not…

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Experts in Idaho Title Insurance Litigation Challenged

In this title insurance dispute involving the construction of a ski resort in Idaho, the plaintiffs challenged the expert witness testimony of two experts.  The court granted one motion to exclude in part and denied the other in full. Facts: This case (Stewart Title Guaranty Company v. Credit Suisse –…

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

  Brooks, et al. v. Ripley, Union, Lewis, Huntington School District, et al. – United States District Court – Southern District of Ohio – November 10th, 2015 – In this alleged racial discrimination case at a school, the defendants’ filed a motion to exclude the expert witness testimony of Dr. Edward…

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Court Partially Allows Forensic Accountant Testimony in Patent Case

The defendant hired an accountant to provide expert witness testimony on damages in this patent infringement case.  The plaintiff filed a motion to exclude the testimony. Facts: This case (Deflecto, LLC v. Dundas*Jafine Inc. – United States District Court – Western District of Missouri – November 4th, 2015) involves patent…

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

Valdes v. Miami-Dade County et al – United States District Court – District of Southern Florida – November 6th, 2015 – This case involves an alleged violation of civil rights.  The plaintiff sought to exclude the expert witness testimony of  Dr. Jason Buchwald, a forensic & laboratory testing expert witness, based…

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Marketing Expert Allowed To Testify in Coffee Lawsuit

Both plaintiffs and defendants hired expert witnesses in this proposed class action.  In one piece of the case, the defendants filed a motion to exclude the testimony of an expert in marketing.  The court denied the motion. Facts: This consumer class action litigation (Suchanek et al v. Sturm Foods, Inc.…

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Daubert Shorts

A summary of recent Daubert opinions. Ponce v. Mountaineers – Court of Appeals of Washington – Division One – November 2, 2015 – This case involves a sledding accident.  The plaintiffs appeal a lower court opinion which allowed the defendant’s sports and recreation expert witness, Chris Stoddard.  They claim that…

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Gang Expert Witness Testimony Partially Allowed

Numerous defendants were indicted on various charges, including racketeering conspiracy.  The Government alleges that the defendants were associated with a street gang and hired to experts to help prove their case. Facts: This case (United States of America v. Brandon Orr, et. al – United States District Court – Middle…

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