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Expert Witness Blog

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Physical Medicine & Rehabilitation Expert Witness Not Excluded in Collision Case Involving a USPS Employee.

Summary:  Physical Medicine & Rehabilitation Expert Witness allowed to testify in automobile collision lawsuit even though the plaintiff argued that the expert shouldn’t be allowed to testify because he is not a surgeon. Facts:  This case (KA WAI JIMMY LO, Plaintiff, v. UNITED STATES OF AMERICA – United States District…

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Bus & Truck Safety/Accident Expert Witness Testimony Allowed in Commercial Truck Accident Litigation

Summary:  Bus & Truck Safety/Accident Expert Witness testimony is allowed because the court determined that the expert is qualified to offer an opinion on whether the FMCSR applies to the driver of the truck. Facts:  This case (Brown v. M and N Eaves et al – United States District Court…

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Accident Reconstruction Expert Witness Testimony Allowed in Tractor-Trailer Crash Litigation

Summary: Accident Reconstruction Expert Witness testimony allowed because the court concluded that his use of simulations was reliable and helpful to the jury. Facts:  This case (Abbott et al v. Mega Trucking, LLC et al – United States District Court – Middle District of Alabama – March 24, 2023) involves…

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Education & Schools Expert Witness Testimony Allowed in Part in Title IX Litigation

Summary: Education & Schools Expert Witness testimony is granted in part and denied in part despite the fact that the plaintiff argued that her expert opinion on Title IX is not a proper subject of expert testimony. Facts: This case (Pogorzelska v. VanderCook College of Music – United States District…

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Software Engineering Expert Witness Testimony Excluded in Trade Secrets Litigation

Summary: Software Engineering Expert Witness testimony not allowed even though the United States alleged that they provided more expert witness information in discovery. Facts: This case (United States of America v. Minkkinen et al – United States District Court – Southern District of West Virginia – June 26, 2023) involves…

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Jails & Prisons Expert Witness Testimony Allowed in Negligence Litigation

Summary: Jails & Prisons Expert Witness testimony allowed as the plaintiff did not cite to caselaw regarding his argument that the expert works for the defendant and his opinion should be excluded. Facts:  This case (Romero v. CORE CIVIC, INC – United States District Court – District of New Mexico…

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Marketing Expert Witness Testimony Allowed in Mail Order Conspiracy Litigation

Summary: Marketing Expert Witness testimony allowed even though the plaintiff argued that the expert did not employ any methodology to his marketing opinion. Facts: This case (United States v. Runner – United States District Court – Eastern District of New York – May 30, 2023) involves a government claim against…

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Life Care Planning Expert Witness Testimony Excluded in Motor Vehicle Accident Case

Summary: Life Care Planning Expert Witness testimony not allowed because the expert did not have a medical endorsement from a qualified medical expert. Facts:  This case (Norman v. Leonard’s Express, Inc. – United States District Court – Western District of Virginia – April 21, 2023) involves a motor vehicle accident…

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Orthopedic Surgery Expert Witness Testimony Allowed in Knee Injury Litigation

Summary: Orthopedic Surgery Expert Witness testimony is allowed because the court ruled that his expert opinion was not speculative because his testimony mirrored that of the state standard in Texas. Facts:  This case (Connell West Trucking Co., Inc. et al v. Estes Express Lines et al – United States District…

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Internal Medicine Expert Witness Testimony Allowed in Wrongful Death Prison Litigation.

Summary:  Internal Medicine Expert Witness testimony allowed even though the plaintiff argued that the expert did not act within the standard of care when she did not contact an on-call physician. Facts:  This case (Griffin v. Coffee County et al – United States District Court – Southern District of Georgia…

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