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Expert Witness Blog

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Two out of Three Expert Witnesses Allowed in Contract Dispute Litigation

In this contract dispute case, the defendant and plaintiff hired expert witnesses to help with their case.  Two out of the three expert testimony was granted. Facts: This case (Joan Cravens Construction, Inc. et al v. Deas Construction, Inc. et al – United States District Court – District of Mississippi…

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Two out of Three Experts in Medical Malpractice Case Allowed to Testify

In this medical malpractice case involving colon cancer, the plaintiff hired three expert witnesses.  All but one was excluded from testifying. Facts:  This case (Swan v. United States – United States District Court – District of Alaska – December 1st, 2016) involves medical malpractice.  The plaintiff (Swan) received treatment from…

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Five Expert Witnesses Allowed in Healthcare Benefits Fraud Case

This case involves healthcare benefits fraud.  The Government and the Defendants both hired expert witnesses to assist with their arguments.  Both filed motions to exclude, but the court denied both motions. Facts:  This case (United States of America v. Bertram – United States District Court – Eastern District of Kentucky…

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Labor Economics Expert Witness Testimony Allowed

Class action plaintiffs hired a labor economics expert witness to testify on their behalf.  The defendants filed a motion to exclude, which was denied Facts – This case (Bernstein v. Virgin America, Inc. – United States District Court – Northern District of California – November 7th, 2016)- is a putative class…

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Daubert Shorts – Recent Opinions on Expert Witness Testimony

Below are a few recent opinions on the admissibility of expert witness testimony. Serrano et al v. American Airlines, Inc. – United States District Court – Southern District of Florida – November 8th, 2016 – This case involves injuries sustained by the plaintiff (Serrano) when she attempted to disembark from…

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Expert Testimony from Two Engineers Allowed

In this personal injury and products liability case, the plaintiff hired two engineering expert witnesses to help in her case.  The judge allowed the testimony after a Daubert challenge. Facts:  This case (Wyman v. Yates-Am. Mach – United States District Court – District of Maine – October 31st, 2016) is…

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Two Expert Witnesses Excluded, Two Partially Excluded in Medical Malpractice Litigation

The plaintiff, the widow of a woman who died after childbirth, sued the medical facilities for malpractice.  He called four expert witnesses.  Two were excluded and two were partially excluded. Facts: This case (Hersko v. United States of America – United States District Court – Southern District of New York…

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Neuropsychology Expert Witness Excluded From Testifying on Memory and Perception

Defendant was indicted for transferring a gun to a minor and for affecting interstate commerce.  Defendant hired an expert witness in memory and perception.  The court excluded this expert from testifying. Facts: This case (United States v. Vandetta Redwood – United States District Court – Northern District of Illinois –…

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