Summary: Obstetrics & Gynecology (OB/GYN) Expert Witness testimony not allowed even though the expert testified that his opinion on the injuries were based on his own experience and expertise.

Facts:  This case (RASCHELLE GOFF V KAREN L NIVER MD – State of Michigan – Court of Appeals – June 18th, 2019) involves a medical malpractice claim.  The plaintiff argues that during the birth of her baby, she suffered three injuries.  The plaintiff sued the defendant doctor and hospital alleging that the doctor violated the standard of case by not recognizing and surgically repairing a sphincter tear and retrovaginal tear following the delivery of her baby.  The plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Robert Dein to provide testimony on her behalf.  The defendant filed a motion to exclude the expert witness testimony of Dr. Dein.  The lower court granted the motion to exclude.  This is the appeal.

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Summary: Vocational Evaluation & Rehabilitation Expert Witness testimony allowed because the expert’s use of the term “non-severe disability” is founded on a valid methodology.

Facts:  This case (TELMANOSKI et al v. BONEFISH GRILL, LLC et al – United States District Court – District of New Jersey – November 29, 2022)  involves a personal injury claim.  The plaintiffs, Robert Telmanoski and Donna Brandz, allege that Telmanoski was delivering food to a Bonefish Grill in New Jersey and slipped on a piece of paper while inside the restaurant and suffered numerous injuries.  In order to prove his case, Telmanoski hired Vocational Evaluation & Rehabilitation Expert Witness Dr. Joseph T. Crouse to provide expert witness testimony.  The defendant filed a motion to exclude this expert witness testimony.

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Summary: Labor Economics Expert Witness testimony is allowed because the court ruled that her expert opinions on the calculation of damages will help the jury.

Facts:  This case (EEOC v. Jackson National Life Insurance Company, et al – United States District Court – District of Colorado – March 31, 2023), involves an employment discrimination claim brought by the United States Equal Employment Opportunity Commission (“EEOC”).  The plaintiff, La’Tonya Ford, alleges that, after she moved to the defendant’s Denver office, she was discriminated against based on her sex, color, and race.  She claims that she was passed over for promotions even though she was a top performer in the office.  To enhance her case, the plaintiff hired Labor Economics Expert Witness Dr. Patricia Pacey to provide expert witness testimony on here behalf.  The defendant filed a motion to exclude this expert from testifying.

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Summary: A Weather & Meteorology Expert Witness allowed to testify, in part, in fire litigation caused by lightning despite objections from the plaintiffs that his testimony would not assist the trier of fact.

Facts:  This case (Philmar Dairy, LLC et al v. Armstrong Farms, et al – United States District Court – District of New Mexico – July 12th, 2019) involves a dispute over the delivery of alfalfa hay.  The plaintiffs allege that the defendant did not deliver over 2,500 tons of hay and did not refund the money to the plaintiffs.  The defendants state that a fire caused lightning destroyed the hay.  The plaintiffs state that the defendants fabricated the existence of the fire.  The defendants hired Dr. Elizabeth Austin (Weather & Meteorology Expert Witness) to provide testimony.  The plaintiffs have filed a motion to exclude this expert from testifying.

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Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic.

Facts:  This case (Landi et al v. Home Depot USA, Inc. et al – United States District Court – Middle District of Florida – September 24th, 2019) involves a products liability claim.  The plaintiff claims that he was injured while using a miter saw manufactured by the defendant and purchased from Home Depot.  The plaintiff alleges that he was using the saw to cut crown molding, operating the saw with his right hand and holding the crown molding with his left.  The plaintiff claims that while the blade was spinning, the crown molding was pulled to the right and the plaintiff’s left arm was pulled as well.  The blade subsequently cut into the plaintiff’s left forearm.  The plaintiff hired Mechanical Engineering Expert Witness Dr. Charles E. Benedict to provide expert witness testimony and the defendant has filed a motion to exclude this expert from testifying.

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Overview: ERISA Expert Witness testimony allowed because the court ruled that the expert was qualified because she is a pensions lawyer who has represented plan sponsors, plan administrators, and service providers.

Facts:  This case (Zavislak v. Netflix, Inc – United States District Court – Northern District of California – January 31, 2024) involves a claim under Employee Retirement Income Security Act of 1974 (ERISA).  The plaintiff, Mark Zavislak, the beneficiary of the defendant’s health benefit plan, alleges that he did not receive all of health and welfare plan documents requested, which he alleges is a violation of Section 104 or ERISA.  To assist in their case Netflix hired ERISA Expert Witness Marcia S. Wagner to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert from testifying.

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Summary: Biomechanics Expert Witness testimony allowed in part even though the defense argued that his biomechanical engineering background does not qualify him to testify in this injuries case.

Facts:  This case (Haines v. Get Air Tucson Incorporated et al – United Stated District Court – District of Arizona – July 5th, 2019) involves an accident at a trampoline park owned by the defendant.  The plaintiff alleges that his injuries are a caused by a defective employee handbook created by the defendant.  The plaintiff has hired Richard Hinrichs, Ph.D. (Biomechanics Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Child Psychiatry Expert Witness expert witness testimony allowed in part even though the expert argued that the plaintiff will suffer future psychological pain due to the incident at her school.

Facts:  This case (McCoy v. Isidore Newman School et al – United States District Court – Eastern District of Louisiana – September 28, 2022) involves a claim by a former student against her alma mater.  The plaintiff, Mary Claire L. McCoy, alleges that she was sexually assaulted at her school by another student and that the school should be held liable for the incident.  To support her claims, the plaintiff hired Child Psychiatry Expert Witness Dr. Eileen Ryan.  The defendant has filed a motion to exclude this expert from testifying.
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Overview: Automotive Engineering Expert Witness testimony allowed in part because the court concluded that Bloch’s testimony that alternative designs of the Silverado would have saved the plaintiff’s life was unreliable.

Facts:  This case (Miranda Polk v. General Motors, LLC – United States District Court – Middle District of Florida – January 29th, 2024) involves a claim of product liability and negligence of defective design.  The plaintiff alleges that the defendant General Motors should be held liable for injuries she sustained after being injured in an accident involving a Silverado, manufactured by GM.  The plaintiff hired Automotive Engineering Expert Witness Byron Bloch to provide expert witness testimony.  The defendant filed a motion to exclude Bloch from testifying.

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Overview: Infectious Disease Expert Witness testimony not allowed because of statements made out he knew that the HIV rapid test was approved in Canada and the European Union.

Facts:  This case (Waters v. Celebrity Cruises, Inc. – United States District Court – Southern District of Florida – January 29th, 2024) involves a claim of medical negligence by the plaintiff, who was a passenger on a cruise ship operated by the defendant.  The plaintiff alleges that the defendant was negligent when it breached its standard of care when the plaintiff was infected with HIV (human immunodeficiency virus) when she was given a blood transfusion aboard the ship.  The defendant hired Infectious Disease Expert Witness Jeffrey Klausner, MD to provide expert witness testimony.  The plaintiff filed a motion to exclude this expert witness from providing testimony.

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