Summary: Marketing Expert Witness testimony allowed even though the plaintiff argued that the expert did not employ any methodology to his marketing opinion. Facts: This case (United States v. Runner – United States District Court – Eastern District of New York – May 30, 2023) involves a government claim against…
Articles Posted in Daubert
Life Care Planning Expert Witness Testimony Excluded in Motor Vehicle Accident Case
Summary: Life Care Planning Expert Witness testimony not allowed because the expert did not have a medical endorsement from a qualified medical expert. Facts: This case (Norman v. Leonard’s Express, Inc. – United States District Court – Western District of Virginia – April 21, 2023) involves a motor vehicle accident…
Orthopedic Surgery Expert Witness Testimony Allowed in Knee Injury Litigation
Summary: Orthopedic Surgery Expert Witness testimony is allowed because the court ruled that his expert opinion was not speculative because his testimony mirrored that of the state standard in Texas. Facts: This case (Connell West Trucking Co., Inc. et al v. Estes Express Lines et al – United States District…
Internal Medicine Expert Witness Testimony Allowed in Wrongful Death Prison Litigation.
Summary: Internal Medicine Expert Witness testimony allowed even though the plaintiff argued that the expert did not act within the standard of care when she did not contact an on-call physician. Facts: This case (Griffin v. Coffee County et al – United States District Court – Southern District of Georgia…
Cybersecurity Expert Witness Testimony Allowed in Part in Data Breach Litigation
Summary: Cybersecurity Expert Witness testimony allowed in part as the court decided that the expert’s testimony was reliable based on his experience in cypersecurity forensics. Facts: This case (Savidge et al v. Pharm-Save, Inc. et al – United States District Court – Western District of Kentucky – March 31, 2023)…
Economics Expert Witness Testimony Allowed in Employment Dispute
Summary: Economics Expert Witness allowed to testify in employment lawsuit even though the defendants argued that his testimony was not reliable. Facts: This case (Ferraro v. Convercent, Inc. et al – United States District Court – District of Colorado – December 12th, 2018) involves an employment dispute. The plaintiff alleges…
Hotel & Hospitality Expert Witness Testimony Allowed in Family Dispute Litigation
Summary: Hotel & Hospitality Expert Witness deemed allowed to testify as the court opined that the expert opinions have a sufficient basis in the alleged facts of the case even though the expert recreated records provided by the plaintiff’s son. Facts: This case (Patel v. Patel et al – United…
Obstetrics & Gynecology (OB/GYN) Expert Witness Testimony Excluded in Pregnancy Litigation
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,…
Vocational Evaluation & Rehabilitation Expert Witness Testimony Allowed in Slip & Fall Litigation
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) …
Labor Economics Expert Witness Testimony Allowed in Discrimination Litigation
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),…