Plaintiff sued defendant for negligence involving an accident. Plaintiff hired an aerial photography expert witness and defendant filed a motion to exclude the witness. The court allowed the expert witness to testify.
Plaintiff filed a patent infringement claim against the defendant related to managing malware in their browser. The plaintiff hired a business valuation expert to calculate damages. The defendant filed a motion to exclude this expert witness testimony.
Plaintiff sued defendant for not providing adequate warning on their knee implant. Plaintiff hired an orthopedic surgery expert to provide testimony and the defendant filed a motion to exclude.
Plaintiff sued defendant arguing that the ObTabe inserted into her body was the cause of her infections. The defense called three witnesses to assist in their case. The plaintiff filed motions to exclude.
The son of a man who died while camping filed suit against several companies that manufactured and sold certain devices. The Defendant hired two expert witnesses to prove their case. The Plaintiff filed motions to exclude these experts.
In John P. Blumberg’s (www.blumberglaw.com) article “Legal-malpractice experts: Choosing, Using or Losing” in the October 2016 issue of The Advocate Magazine, he points out how crucial the legal malpractice expert witness is in reviewing the underlying case.
For example, in a circumstance where an attorney recommended a settlement to his client that may have been inadequate. Before the expert can testify about whether it was negligent to recommend such a settlement, the legal malpractice expert must be familiar with the facts of the underlying case.
In doing so, the author puts for such questions as: Was there liability (where the defendant failed to use reasonable care to prevent harms)? Were there probable damages (actual loss or harm)? Were there procedural issues that could affect the outcome of a trial? Mr. Blumberg suggests the expert must be able to testify about all of these factors of the underlying case that would have gone into a competent opinion by the defendant-attorney in recommending the settlement. He also advocates that the expert be retained early in the litigation so that the trial attorney can develop the facts to support the expert’s opinion.
Plaintiff filed an Americans with Disabilities Act (ADA) claim against his former employer. Plaintiff and defendant both hired expert witnesses and both filed motions to exclude. The court denied the motion to exclude the plaintiff’s expert and granted in part (taking other parts of the motion under advisement) the motion to exclude the defendant’s expert.
Plaintiff was diagnosed with a form of asthma which was allegedly tied to work he did for the defendant. Plaintiff hired occupational medicine expert and defendant filed a motion to exclude said expert. The court denied the motion to exclude
Plaintiffs filed a class action against defendants related to the effectiveness of their pest control products. Plaintiff hired an insects & pests expert witness to provide testimony. The defendants filed a motion to exclude. The court granted the motion.