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Expert Witness Blog

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Railroad Expert Witness Testimony Excluded in Personal Injury Case

Summary: Railroad Expert Witness testimony not allowed in personal injury case as the defense argued that he was not qualified to offer testimony in this case. Facts: This case (Wilks v. BNSF Railway Company – United States District Court – Eastern District of Oklahoma – August 27, 2020) involves an…

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Mathematical Sciences Expert Witness Testimony Allowed in Wheat Futures Litigation

Summary: Mathematical Sciences Expert Witness testimony allowed even though the defendants argued that the expert’s report lacks meaningful independent analysis and that his analysis is just an application of another expert in this case. Facts:  This case (Ploss v. Kraft Foods Group, Inc. et al – United States States District…

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Accident Reconstruction Expert Witness Testimony Not Decided

Summary: Accident Reconstruction Expert Witness testimony not decided as the court opined that there were compelling arguments on both sides. Facts:  This case (Bailon v. Landstar Ranger Inc – United States District Court – Northern District of Texas – September 27th, 2019) involves a car accident.  The plaintiff alleges that…

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Correctional Healthcare Expert Witness Testimony Partially Excluded in Prisoner Medical Litigation

Overview: Correctional Healthcare Expert Witness allowed to testify in part as the court stated that his expert witness testimony on the life expectancy of the deceased is not reliable. Facts: This case (Paugh et al v. Ashley Valley Medical Center et al – United States District Court – District of Utah…

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Electronic Discovery Expert Witness Testimony Allowed in Retaliation Lawsuit

Summary: Electronic Discovery Expert Witness testimony not excluded even though the defendant argued that testimony on “Null Message Bodies” is not relevant because it is not evidence of user deletion. Facts:  This case (Pajak v. Under Armour – United States District Court – Northern District of West Virginia – October…

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Architecture Expert Witness Testimony Allowed in Part in Copyright Infringement Claim

Summary: Architecture Expert Witness testimony allowed in part even though the plaintiff argued that an opinion on substantial similarity is not needed as the test is whether the designs are similar to an ordinary observer. Facts:  This case (Design Basics, LLC v. Forrester Wehrle Homes, Inc. et al – United…

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Spine Surgery Expert Witness Allowed in Automobile Collision Insurance Case

Summary: Spine Surgery Expert Witness allowed even though the plaintiff argued that the expert witness did not have the knowledge or education to testify on velocity of the collision. Facts: This case (Miller v. Secura Supreme Insurance Company – United States District Court – District of Colorado – Jul 6th, 2023)…

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Statistics Expert Witness Testimony Allowed in Ceramic Toilet Tanks Litigation

Summary:  Statistics Expert Witness allowed to provide testimony even though the defendant argued that his opinion should be excluded due to inconsistencies and errors. Facts:  This case (Cone et al v. Sanitarios Lamosa S.A. DE C.V. et al – United States District Court – Eastern District of Texas – September…

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Epidemiology Expert Witness Testimony Allowed in Products Liability Case

Summary: Epidemiology Expert Witness allowed to testify in products liability case despite arguments that she changed her testimony. Facts:  This case (Barrera, et al. v. Monsanto Company  – Superior Court of the State of Delaware – May 31st, 2019) involves a products liability claim.  The plaintiffs allege that their cancer…

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Professional Engineering Expert Witness Testimony Allowed, In Part

Summary: Professional Engineering Expert Witness allowed to provide testimony in part even though the defendant argued that the expert’s opinions would not assist the trier of fact. Facts:  This case (Leftridge v. Speedway LLC – United States District Court – Northern District of Indiana – October 10th, 2019) involves a…

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