Plaintiff sued defendant related to a transfer of funds to an attorney’s trust account. The defendant hired a legal ethics expert witness to assist in his case. The plaintiff filed a motion to exclude, which was denied by the court. Facts: This case (Guffy v. DeGuerin et al – United States…
Expert Witness Blog
Marketing Expert Witness Testimony Allowed
Plaintiff filed a putative class action against the defendant related to automatic enrollment into a toll pay system. Both parties hired marketing expert witnesses, both parties filed motions to exclude, and both motions were denied. Facts: This putative class action case (Mendez v. Avis Budget Grp., Inc. – United States…
Veterinary Expert Witness Allowed and Animals Expert Witness Allowed in Part
Plaintiffs sued defendant for violation of the Endangered Species Act and hired two experts to assist in their case. The court allowed the veterinary expert witness in full and partially allowed the animals expert witness. Facts: This case (Graham et al v. San Antonio Zoological Society – Western District of Texas – United…
Mechanical Engineering Expert Witness Testimony Excluded
Plaintiff sued his former employer under the Americans with Disabilities Act of 1990 and the Florida Civil Rights act of 1992. The defendant hired a mechanical engineer expert witness to provide testimony. The Plaintiff filed a motion to exclude and the court granted the motion. Facts: This case (Eveler v. Ford…
Plumbing & HVAC Expert Witness Testimony Not Allowed
Plaintiff sued defendant after she allegedly slipped and fell on a puddle of water. The plaintiff hired a Plumbing & HVAC Expert Witness. The defendant filed a motion to exclude this expert testimony and the court agreed. The testimony was not allowed. Facts: This case (Walker et al v. Target Corporation…
Radiology and Other Expert Witnesses Affirmed By Criminal Court of Appeals
The appellant asked the current court to opine that the circuit court erred when it allowed five physicians to provide expert testimony. The criminal court of appeals affirmed the circuit court convictions. Facts: This case (Eric Payne v. State of Alabama – Alabama Court of Criminal Appeals – February 10th, 2017)…
Police Procedures Expert Witness Testimony Partially Allowed
Plaintiff sued defendants for alleged civil rights violations. The plaintiff hired a police procedures expert witness and the defendants filed a motion to exclude this expert witness testimony. The court granted the motion in part and denied it in part. Facts: This civil rights case (Nicole Harris v. City of…
Oncology and Pathology Expert Witness Testimony Allowed, Says Ninth Circuit
A district court excluded the testimony of an oncology and pathology expert witness and granted summary judgment in favor of the defendant. The plaintiff appealed and the circuit court reversed the district court opinion. Facts: This case (Wendell v. GlaxoSmithKline LLC – United States Court of Appeals For the Ninth…
Pediatrics and Pharmacology Experts Excluded
Plaintiff sued defendant for failing to warn of possible effects from taking the drug Depakote. The plaintiff hired two expert witnesses to prove their case. These experts were excluded from testifying after a Daubert motion was filed by the defendant Facts: This case (N.K. AN INFANT BY HIS MOTHER AND…
Urology Expert Witness Partially Allowed
Plaintiff argues that the defendant infringed on their patent for treatment of BPH by marketing their drug Cialis. The plaintiff hired a urology expert witness to assist with their case. The defendant filed a motion to exclude. The court granted a portion of the motion and denied a portion of…