Articles Posted in Daubert

Plaintiff filed suit against defendant pharmacy related to a personal injury after ingesting medication.  Plaintiff hired an Allergies & Immunology Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court granted the motion.

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Plaintiff filed suit against defendants related to a claim of asbestos exposure.  Plaintiff hired a Marine Engineering Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court granted the motion in part and denied it in part.

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Plaintiff filed suit against the defendant related to an incident between an individual and the police.  Plaintiff hired a Police Procedures Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court granted the motion to exclude.

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The plaintiff hired an Emergency Medicine Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court granted the motion in part and denied it in part.

Facts:  This case (Frye v. Hamilton County Hospital et al – United States District Court – Northern District of Iowa – June 7th, 2019) involves the termination of the plaintiff’s employment and the events that were leading up to and following the termination.  The plaintiff claims that the defendant hospital violated the plaintiff’s right to be free from unreasonable searches under the Iowa and United States Constitution.  In addition, the plaintiff alleges that the defendant violated part of the Iowa code by terminating the plaintiff for refusing a drug test.  The plaintiff has hired Emergency Medicine Expert Witness Dr. David Stilley to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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The plaintiffs hired a Forensic Accounting Expert Witness to provide testimony.  The defendants filed a motion to exclude, which was denied by the court.

Facts:  This case (Hunters Run Gun Club, LLC et al v. Baker – United States District Court – Middle District of Louisiana – June 4th, 2019) involves a claim of misappropriation of trade secrets.  The plaintiffs allege that the defendant misappropriated the plaintiff’s trade secrets and business information and left to work for the competition.  The plaintiff also alleges that the defendant also caused financial hardship to the plaintiffs.  The plaintiffs hired Harold Asher, CPA (Forensic Accounting Expert Witness) to provide testimony.  The defendants have filed a motion to exclude the expert witness testimony of Mr. Asher.

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Plaintiff hired a Physical Medicine & Rehabilitation Expert Witness to provide testimony.  Defendant filed a motion to exclude.  The court granted the motion to exclude in part and denied it in part.

Facts:  This case (Dotson v. Price, et al – United States District Court – Eastern District of Louisiana – June 13th, 2019) involves an automobile accident between the plaintiff and the defendant.  The plaintiff has filed suit against the defendant looking to recover damages from personal injuries he alleges he sustained in the accident.  The defendant’s insurance company is the only remaining defendant in the case.  The plaintiff has hired Physical Medicine & Rehabilitation Expert Witness Gregory M. Stewart, M.D. to provide testimony.  The defendant has filed a motion to exclude the expert witness testimony of Dr. Stewart.

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