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…
Expert Witness Blog
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…
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…
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.…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Mm Steel, LP v. JSW Steel (USA), Inc – United States Court of Appeals For The Fifth Circuit – November 25th, 2015 – This is an appeal of a district court opinion related to the Sherman Act and the steel industry. The plaintiff’s claim that the steel distributors formed…
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:…
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…
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…
Healthcare Policy Update by HIPAA Expert Michael Arrigo
HIPAA Expert Witness Michael Arrigo provides the following Healthcare Policy Update: CMS Suspends Payment on Certain ICD-10 Claims CMS Systems Not Ready for All NCDs and LCDs We may be seeing one of the first latent indicators of the financial impact of ICD-10 with today’s announcement. CMS stated in a November…
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,…