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Articles Posted in Expert Witness Testimony

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Weather & Meteorology Expert Witness Testimony Allowed in Part

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…

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ERISA Expert Witness Allowed in Pension Plan Documents Litigation

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…

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Biomechanics Expert Witness Testimony Allowed in Part in Trampoline Park Accident

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…

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Child Psychiatry Expert Witness Testimony Allowed in Part in Sexual Assault Case

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…

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Automotive Engineering Expert Witness Testimony Allowed in Part in Automobile Accident Case

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 –…

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Infectious Disease Expert Witness Testimony Not Allowed in Cruise Ship Negligence Case

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)…

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Vocational Evaluation & Rehabilitation Expert Witness Testimony Allowed in Crane Case

Summary: Vocational Evaluation & Rehabilitation Expert Witness allowed to testify despite the defendant’s assertion that he did not explain how he reached his conclusions about pre-injury earning capacity. Facts:  This case (Kinnerson v. Arena Offshore L P et al – United States District Court – Western District of Louisiana –…

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Securities Expert Witness Testimony Excluded In Alleged Manipulative Trading Schemes Lawsuit

Summary: Securities Expert Witness was not allowed to testify in a broker-dealer case as the court determined that the expert is not qualified to offer an opinion on broker-dealer’s systems. Facts:  This case (Securities and Exchange Commission v. Lek Securities Corporation et al – United States District Court – April…

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Physical Medicine & Rehabilitation Expert Witness Testimony Excluded In Excessive Force Case

Summary: Physical Medicine & Rehabilitation Expert Witness testimony excluded as the expert did not have experience regarding plaintiff’s alleged injuries. Facts:  This case (Bermudez v. City of New York – United States District Court – Eastern District of New York – December 21st, 2018) involves the alleged excessive use of…

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