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Expert Witness Blog

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Business Valuation Expert Testimony in Patent Case Allowed in Part

Plaintiff filed a patent infringement claim against the defendant related to managing malware in their browser.  The plaintiff hired a business valuation expert to calculate damages.  The defendant filed a motion to exclude this expert witness testimony. Facts:  This case (Alfonso Cioffi, et al., v Google, Inc – United States…

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Orthopedic Surgery Expert Witness Testimony Partially Allowed

Plaintiff sued defendant for not providing adequate warning on their knee implant.  Plaintiff hired an orthopedic surgery expert to provide testimony and the defendant filed a motion to exclude. Facts:  This case (Goldin v. Zimmer, Inc. et al – United States District Court – Northern District of Illinois – January…

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Expert Testimony in Suburethral Sling Case is Allowed in Part.

Plaintiff sued defendant arguing that the ObTabe inserted into her body was the cause of her infections.  The defense called three witnesses to assist in their case.  The plaintiff filed motions to exclude. Facts:  This case (CLINTON v. MENTOR WORLDWIDE LLC – United States District Court – Eastern District of…

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Environmental Engineering and Civil Engineering Expert Testimony Allowed in Part

Plaintiff filed suit against defendant for an alleged water an soil contamination.  Plaintiff hired two expert witnesses and the defendant filed motions to exclude their testimony. Facts: This case (Cedar Lodge Plantation, LLC et al v. CSHV Fairway View I, LLC et al – United States District Court – Middle…

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Internal Medicine and Fire Expert Witness Testimony Allowed

The son of a man who died while camping filed suit against several companies that manufactured and sold certain devices.  The Defendant hired two expert witnesses to prove their case.  The Plaintiff filed motions to exclude these experts. Facts: This case (Kelley v. Howard Berger Company, Inc. et al –…

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Using Legal Malpractice Experts

In John P. Blumberg’s (www.blumberglaw.com) article “Legal-malpractice experts: Choosing, Using or Losing” in the October 2016 issue of The Advocate Magazine, he points out how crucial the legal malpractice expert witness is in reviewing the underlying case. For example, in a circumstance where an attorney recommended a settlement to his…

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Psychology and Psychiatry Expert Witness Testimony Challenged

Plaintiff filed an Americans with Disabilities Act (ADA) claim against his former employer.  Plaintiff and defendant both hired expert witnesses and both filed motions to exclude.  The court denied the motion to exclude the plaintiff’s expert and granted in part (taking other parts of the motion under advisement) the motion…

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Occupational Health Expert Witness Testimony Allowed

Plaintiff was diagnosed with a form of asthma which was allegedly tied to work he did for the defendant.  Plaintiff hired occupational medicine expert and defendant filed a motion to exclude said expert.  The court denied the motion to exclude Facts:  This case (Dermoris Kidd v. Candy Fleet, LLC –…

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Insects & Pests Expert Witness Testimony Excluded

Plaintiffs filed a class action against defendants related to the effectiveness of their pest control products.  Plaintiff hired an insects & pests expert witness to provide testimony.  The defendants filed a motion to exclude.  The court granted the motion. Facts: This case (Steigerwald v. BHH, LLC et al – United…

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Cardiology Expert Witness Allowed in Insurance Fraud Case

Plaintiff hired cardiology expert to opine on medical tests and procedures in his field.  Defendant filed a motion to exclude this testimony.  The court allowed the testimony to proceed. Facts:  This case (United States of America v. Roy Heilbron – United States District Court – District of New Mexico –…

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