Plaintiff slipped and fell on water that had accumulated on the floor of Defendant’s hotel. Plaintiff hired two experts: a plumbing & HVAC expert witness and a hotel & hospitality expert witness. Defendant filed motions to exclude these experts, which the court granted in part and denied in part. Facts: This…
Expert Witness Blog
Pulmonary Medicine Expert Witness Not Allowed
Plaintiff sued defendant after her husband died almost a year after a heart/lung bypass machine stopped working during surgery. The plaintiff hired a pulmonary medicine expert witness to provide testimony. The defendant filed a motion to exclude, which the court granted. Facts: This case (Smith v. Terumo Cardiovascular Systems et al –…
Occupational/Environmental Health Expert Witness Allowed
Plaintiff sued defendants for exposure to asbestos during his years of working with automobile parts. The plaintiff hired an occupational/environmental health expert witness to assist in the case. The defendants filed a motion to exclude, which was denied by the court. Facts: This case (HOFFEDITZ et al v. AM GENERAL, LLC…
Credit Damage Expert Witness Testimony Not Allowed
Plaintiff sued defendants for violations of the Fair Credit Reporting Act, arguing that they inaccurately reported and investigated a delinquent account as charged off. Plaintiff hired a credit damage expert witness to assist in his case. Defendant filed a motion to exclude, which the court granted. Facts: This case (Barakat…
Automotive Expert Witnesses Testimony Allowed in Part
Plaintiff sued the defendant because they believe that they are entitled to post-termination commissions for sales of automotive parts they landed on behalf of the defendant. Both parties hired automotive expert witnesses to prove their cases and both parties filed motion to exclude. The court granted these motions in part and…
Business Law and Legal Ethics Expert Witness’s Testimony Allowed. Business Valuation Expert Witness Testimony Not Allowed
Plaintiff sued defendant based on a contract dispute. The defendant hires three experts to assist in their case and the plaintiff filed motions to exclude these witnesses. The court granted one motion and denied two. Facts: This case (Metro Sales, Inc v. Core Consulting Group – United States District Court…
Economics Expert Witness and Health Care Economics Expert Witness Allowed
Plaintiff sued defendant related to allegedly illegal reimbursements for prescription drugs. Both parties hired experts to provide testimony on their behalf and both filed Daubert motions to exclude. The court denied both motions. Facts: This case (United States of America et al v. Kmart Corporation – United States District Court…
Chiropractic Expert Witness Testimony Allowed
Plaintiff filed suit after a collision occurred at defendant’s retail store. The plaintiff hired a chiropractic expert witness to provide testimony. The defendant filed a motion to exclude this testimony. The court denied the motion to exclude. Facts: This case (Samuel Lee v. Kmart Corporation – United States District Court –…
Mechanical Engineering Expert Witness Excluded in Products Liability Case
Plaintiff filed a products liability lawsuit against the manufacturer and installer of an Advanced Electronic Vehicle Interface Technology driving system. The plaintiff hired a mechanical engineering expert witness to assist in a providing causation testimony. The defendant filed a motion to exclude. The district court excluded the testimony and the appeals court…
Four Experts, Including a Risk Management Witness, Allowed
Plaintiff filed suit over an excavation related to a construction project. One company, DBM hired four experts to testify on their behalf. Motions were filed to exclude these experts. The motions were denied. Facts: This case (United States of America for the use of Donald B. Murphy Contractors v. Travelers…