Articles Posted in Daubert

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Plaintiff filed suit against defendant related to an injury while riding a personal watercraft.  Plaintiff hired a Labels & Warnings Expert Witness to provide testimony.  Defendant filed a motion to exclude, which was granted by the district court.  Defendant appealed.  The opinion of the district court was affirmed.

Facts:  This case (Angela Ruggiero v. Yamaha Motor Corp – United States Court of Appeals For the Third Circuit – June 17th, 2019) involves an injury while riding a personal watercraft (PWC).  The plaintiff sued the PWC’s wholesaler, alleging that the PWC was defective because it did not have adequate warnings.  The plaintiff hired William Kitzes, J.D. (Labels & Warnings Expert Witness) to provide expert witness testimony.  The defendant filed a motion to exclude the expert witness testimony of Mr. Kitzes on the grounds that his testimony was not reliable and not sufficiently tied to the facts of the case.  The court granted the motion to exclude.  The defendant filed this appeal.

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Plaintiff filed suit against defendant related to a spine injury.  Plaintiff hired an Orthopedic Surgery 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 (Wilke v. Transportation Insurance Company – United States District Court – District of Arizona – June 26th, 2019) involves a claim regarding a spine injury.  The plaintiff alleges that he was unable to fill his prescriptions because the defendants denied coverage.  The plaintiff alleges that the defendant’s delay in approving his medication caused his spine to re-herniate.  The plaintiff’s claim is that the defendant breached his duty of good faith and fair dealing when it delayed in approving of the prescriptions. The plaintiff hired Orthopedic Surgery Expert Witness Anthony T. Yeung, M.D. to provide testimony.  The defendant argues that the Dr. Yeung’s testimony should be excluded because it is not reliable nor relevant.

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Defendant hired a Structural Engineering Expert Witness to provide testimony in a litigation involving the construction of a building.  Plaintiff filed a motion to exclude the testimony of this expert.  The court granted the motion to exclude in part and denied the motion in part.

Facts:  This case (Jeanes v. McBride et al – United States District Court – Western District of Louisiana – June 24th, 2019) involves the construction of a building on the plaintiff’s property and discussed the project with the defendant.  The plaintiff filed this lawsuit against the defendant stating that the defendant did not obtain the permit needed to construct the building and that there were numerous defects in the building.  The defendant hired Dr. Jerry Householder (Structural Engineering Expert Witness) to provide testimony.  The plaintiff filed a motion to exclude this expert from testifying.

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Plaintiffs hired an Information Technology Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert from testifying.  The court denied the motion to exclude.

Facts:  This case (Childress et al v. JPMorgan Chase & Co. et al – United States District Court – Eastern District of North Carolina – July 2nd, 2019) involves a claim under the Servicemembers Civil Relief Act (SCRA) as well as other laws.  The plaintiffs allege that debts that they incurred by the defendant should have been reduced to a 6% interest rate.  The plaintiffs have hired Arthur Olsen (Information Technology Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert witness from testifying.

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Plaintiff filed an indictment against defendant related to an unlawful distribution of controlled substances.  Plaintiff hired an Emergency Medicine Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert testimony.  The court denied the motion to exclude.

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Plaintiff filed suit against defendants involving a product liability claim.  The plaintiff hired a Professional Engineering Expert Witness to provide testimony.  The defendants have filed a motion to exclude this expert from testifying.  The court denied the motion to exclude.

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