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Articles Posted in Daubert

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Americans with Disabilities Act (ADA) Expert Witness Not Allowed in Six Flags Discrimination Case

Summary:  Americans with Disabilities Act (ADA) Expert Witness testimony not allowed because the expert provided legal opinions about discrimination, which is not admissible. Facts – This case (Patterson v. Six Flags Theme Parks Inc., et al – United States District Court – Eastern District of California – May 9th, 2024)…

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Admiralty & Maritime Expert Witness Testimony Allowed in Personal Injury Claim On A Cruise Ship

Summary – Admiralty & Maritime Expert Witness allowed even though the defendant argued that the expert is not qualified to offer an opinion on the locking mechanism on a chair on a cruise line simply by having worked on a cruise ship. Facts – This case (Martin-Viana v. ROYAL CARIBBEAN…

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Pathology Expert Witness Testimony Not Allowed in Wrongful Death Lawsuit

Summary: Plaintiff hired a Pathology Expert Witness to provide testimony in case related to a death from acute sepsis. Facts:  This case (Hubble et al v. Macomb, County of et al – United States District Court – Eastern District of Michigan – April 23rd, 2019) involves the death of a…

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Medical Billing Expert Witness Testimony Allowed in Accident Case

Summary: Medical Billing Expert Witness allowed to testify in dispute related to an automobile accident. Facts:  This case (Contreras et al v. Brown et al – United States District Court – District of Arizona – May 10th, 2019) involves a dispute over medical billing.  The plaintiff incurred significant medical bills…

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Police Procedures Expert Witness Testimony Allowed in Hawaii Pepper Spray Case

Summary: Plaintiffs hired a Police Procedures Expert Witness to provide testimony related to an excessive force claim. Facts:  This case (Silva v. City and County of Honolulu – United States District Court – District of Hawaii – May 21st, 2019) involves a claim of use of excessive force.  The plaintiffs…

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Emergency Medicine Expert Witness Testimony Allowed in Prison Negligence Case

Overview: Emergency Medicine Expert Witness testimony allowed as the judge ruled that the expert is qualified to testify even though he has not worked in a correctional setting. Facts: This case (Nelson v. Chelan County et al – United States District Court – Eastern District of Washington – April 19th,…

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Epidemiology Expert Witness Testimony Allowed in Prison COVID Class Action Case

Overview: Epidemiology Expert Witness testimony allowed even though the defendants argued that the expert only relied on a small set of documents to form his opinion. Facts: This case (Maney et al v. Brown et al – United States District Court – District of Oregon – April 19th, 2024) involves…

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Real Estate Damages Expert Witness Testimony Allowed in Home Appraisal Case

Summary: Plaintiff Nell Dysart filed suit against defendant Trustmark claiming that it wrongfully foreclosed on and sold her house. Dysart hired a Real Estate Damages Expert Witness to provide testimony on her behalf. Trustmark filed a motion to exclude this expert witness from testifying.  The court denied the motion to…

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Dogs Expert Witness Testimony Allowed With Regard to Traffic Stop

Summary: Plaintiff filed suit against defendants related to a traffic stop involving a canine.  Plaintiff hired a Dogs Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert’s testimony.  The court denied the motion. Facts: This case (Jackson et al v. City of Bloomington et al –…

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Bicycle Expert Witness Testimony Partially Allowed in Accident Litigation

Summary: Plaintiff filed suit against defendants after he was involved in a bicycle accident.  Defendant hired a Bicycle Expert Witness to provide testimony.  Plaintiff filed a motion to exclude.  The Court granted the motion in part and denied the motion in part. Facts: This case (Sherwood v. BNSF Railway Company…

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