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Expert Witness Blog

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Daubert Shorts

Sargent v. Commonwealth – United States District Court – Middle District of Pennsylvania – October 26th, 2015 – This case involves an alleged use of excessive force by an arresting policeman.  The plaintiff hired R. Paul McCauley, a deadly/excessive force expert witnesses.  The defendant challenged Dr. McCauley should not be allowed to…

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Portions of Urology Expert Witness Testimony Challenged

Prisoner with kidney stones sued a nurse who refused to see him, after complaining of severe pain.  The defense hired an expert in urology and the plaintiff challenged certain portions of this testimony. Facts: In this case (Homaidan Al-Turki v. Mary Susan Robinson, RN – United States District Court – District…

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Plaintiff’s Expert Witness Testimony in Mortgage Servicing is Excluded

Plaintiffs filed suit against bank arguing that the bank illegally foreclosed on their home.  Defendants challenged their expert witness on mortgage servicing and the court granted the motion. Facts: This case (Wivell et al v. Wells Fargo Bank, N.A. et al – United Stated District Court – Western District of…

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Daubert Shorts

Terrebonne Parish NAACP et al v. Jindal et al – United States District Court – Middle District of Louisiana – October 18th, 2015 – This case involves at-large voting in a judicial district in Louisiana, possibly violating the Voting Rights Act of 1965.  The defendants hired three experts to assist in…

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School Security Expert Testimony Deemed Unpersuasive

Appellant was injured at her son’s school after falling from a fence surrounding a baseball complex.  She sued the school for negligence and lost.  She subsequently filed an appeal. Facts: This case (Gutchewsky v. Westside Community Schools – Nebraska Court of Appeals – March 17th, 2015) involves a negligence charge…

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Daubert Shorts

Dillon v. Auto-Owners Insurance Company – United States District Court – District of Colorado – October 21st, 2015 – In this case involving an automobile accident, the plaintiff filed suit against defendant’s insurance company.  The defendant seeks to exclude the testimony of Neuropsychology expert witness Janet Lemon, Phd on causation grounds.…

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Arizona Appeals Court Confirms Allowable Testimony of Child Sexual Abuse Expert

Plaintiff was charged with 7 counts of sexual conduct with a minor.  He appealed the conviction on numerous grounds, one being the admittance of child sexual abuse expert testimony.  The court confirmed the opinion of the trial court. Facts: In this case (State of Arizona v. Richard Portugal Ortiz –…

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Maryland Appeals Court Overturns Part of Circuit Court’s Exclusion of Lead Paint Exposure Expert

A pediatrician testified as to the medical causation of lead-paint exposure.  After a circuit court excluded this testimony, the plaintiff’s appealed.  The appeals court reversed this decision. Facts: This negligence case (Jakeem Roy v. Sandra B. Dackman, et al – Maryland Court of Appeals – October 16th, 2015) involves lead…

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Daubert Shorts

Century Indemnity Company v. The Marine Group, LLC et al – United States District Court – District of Oregon – October 13th, 2015 – In this environmental cleanup case, the testimony of insurance expert witnesses Robert Hughes and Dennis Connolly were challenged on grounds of inadmissible legal conclusions and qualifications.  The…

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Explosion Expert Testimony in Products Liability Case is Allowed

After a residence fire, the insurer filed suit against the manufacturer of a space heater.  The defendant filed a motion to exclude the testimony of plaintiff’s explosions expert.  The court denied the motion. Facts: This case (Erie Insurance Company v. Sunbeam Products, Inc – United States District Court – Southern…

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