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Expert Witness Blog

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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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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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