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Expert Witness Blog

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Pediatrics Expert Witness Testimony Not Allowed in Childbirth Medical Negligence Case

Summary: Pediatrics Expert Witness testimony is not allowed as the expert did not cite any authority that HIW can cause ASD. Facts:  This case (Scottoline v. Women First, LLC – Delaware Superior Court – March 1, 2023) involves a medical negligence claim.  The plaintiffs assert that their child was deprived…

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Correctional Healthcare Expert Witness Testimony Allowed in Incarceration Litigation

Summary: Correctional Healthcare Expert Witness allowed to testify in incarceration litigation as the court ruled that he is qualified to testify based on his education. Facts:  This case (Rogers v. Hierholzer et al – United States District Court – Western District of Texas – December 28th, 2018) involves a claim…

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Professional Engineering Expert Witness Testimony Allowed in Part in Hail Storm Insurance Dispute

Summary: Professional Engineering Expert Witness testimony allowed in part even though the defendant’s argued that the expert did not have any independent knowledge of when the hail storm occurred. Facts: This case (Arab v. Erie Insurance Exchange Activities Association, Inc. – United States District Court – Middle District of Tennessee…

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Mechanical Engineering Expert Witness Not Allowed in Step Stool Litigation

Summary: Mechanical Engineering Expert Witness not allowed to testify in step stool product liability claim even though the judge ruled that he is qualified to provide testimony. Facts:  This case (Brosius v. The Home Depot Inc. et al – United States District Court – Middle District of Florida – February…

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Radiology Expert Witness Testimony Allowed in Kidnapping Case

Summary: Radiology Expert Witness testimony allowed even though the defendant argued that there is no certification for forensic radiology. Facts:  This case (United States v. Mariscal-Lopez – United States District Court – District of New Mexico – December 21, 2022) involves a claim by the United States Government against the…

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Genetics Expert Witness Testimony Allowed in Blood Consent Litigation

Summary:  Genetics Expert Witness allowed to testify despite the Defendant’s claim that her testimony on informed consent would not assist the trier of fact. Facts:  This case (Kanuszewski v. Shah – United States District Court – Eastern District of Michigan – February 3rd, 2022) involves a 1983 claim regarding Michigan’s…

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Statistics Expert Witness Testimony Allowed in Thread-Count Consumer Class Action

Summary: Statistics Expert Witness testimony is not excluded by the court even though the defendant argued that expert’s preliminary analysis was not reliable. Facts: This case (Sara Hawes v. Macy’s Stores West, Inc – United States District Court – Southern District of Ohio – January 22nd, 2022) involves a consumer…

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Lithium Ion Battery Fires Expert Witness Allowed in Part in Laptop Product Liability Case

Summary: Lithium Ion Battery Fires Expert Witness testimony allowed in part because the defendant argued correctly that a duplicate product was not used for testing. Facts:  This case (Philadelphia Indemnity Insurance Company v. Hewlett-Packard Company United States District Court – Western District of Washington – September 5 2023) involves a…

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Banking Expert Witness Testimony Allowed in Commercial Deposit Case

Summary: Banking Expert Witness testimony allowed as the court concluded that, because the expert is experienced, he does not need to identify the source of specific industry standards Facts:  This case (Noble Bottling, LLC et al v. Hull & Chandler, P.A. et al – United States District Court – Western…

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Automobile Mechanical & Body Repair Expert Witness Allowed to Testify In Part in Automobile Engine Defects Case.

Summary: Automobile Mechanical & Body Repair Expert Witness testimony is granted in part and denied in part even though the court opined that he was qualified to provide expert witness testimony in an automobile products liability case. Facts:  This case (Grover et al v. BMW of North America, LLC et…

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