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Expert Witness Blog

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Two Economics’ Expert Witness Testimony Denied in Part and Granted in Part

The plaintiff sued for antitrust issues regarding shopping mall leasing.  Both parties hired economists to provide expert witness testimony.  The motions to exclude were denied in part and granted in part Facts: This antitrust case (Gumwood HP Shopping Partners LP v. Simon Property Group Inc – United States District Court…

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Marketing and Business Valuation Expert Witness Testimony Excluded

Plaintiff sued defendant for patent infringement of specific aspects of GPS systems.  The plaintiff hired two expert witnesses, which were subsequently excluded. Facts:  This case (Visteon Techs., LLC v. Garmin Int’l, Inc. – United States District Court – Eastern District of Michigan – October 14th, 2016) involves a patent infringement…

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Biochemistry Expert Witness Testimony Allowed

Plaintiff sued defendant for false and misleading statements about the effects of Prevagen.  The plaintiff hired a biochemistry expert witness to help prove the case and the motion to exclude this expert wad denied. Facts:  This case (Racies v. Quincy Bioscience – United States District Court – Northern District of…

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Court of Appeals Affirms Exclusion of Accident Reconstruction and Forensic Engineering Expert Witnesses

Plaintiff appeals a decision of the the district court excluding the expert opinions related to a vehicle crash and subsequent fire.  The court affirmed the opinion of the district court. Facts: This case (Sims v. Kia Motors of Am., Inc – United States Court of Appeals – Fifth Circuit –…

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Biomechanics and Orthopedic Surgery Experts Challenged

Plaintiff sued Defendants for injuries suffered during an arrest.  Both parties called experts and both were subject to exclusion motions. Facts:  This case (McKeon v. City of Morris – United States District Court – Northern District of Illinois – September 26th, 2016) involves injuries sustained during the arrest of the…

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Gastroenterology Expert Witness Granted in Part and Denied in Part

Plaintiff filed suit against Government for negligence and medical malpractice.  Government filed a motion to exclude the testimony of gastroenterology expert witness.  The court denied the motion in part and granted the motion in part. Facts:  This case (Stelman v. United States – United States District Court – Southern District…

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Patent and Trademark Expert Witnesses Granted in Part, Denied in Part

Plaintiff sued defendant for patent and trademark violations.  Both hired expert witnesses and both challenged the testimony of each witness. Facts:  This case (Loggerhead Tools, LLC v. Sears Holdings Corporation – United States District Court – Northern District of Illinois – September 20th, 2016) involves patent and trademark violations.  The court…

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Medical Toxicologist Expert Witness Testimony Confirmed By Appeals Court

Appellant appealed a decision by the circuit court allowing the expert witness testimony of a medical toxicologist.  The appeals court affirmed the lower court opinion Facts:  This case (State of Wisconsin v. Lory F. Kerk – Wisconsin Court of Appeals – District III – September 13th, 2016) is an appeal…

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Florida Appeals Court Finds Lower Court Erred in Allowing Some Expert Testimony

Appeals court reviewed many aspects of expert witness testimony that was allowed by the lower court.  The appeals court opined that the lower court erred when it allowed some experts to testify. Facts:  This case (Crane Co. v. Delisle – Florida District Court of Appeal – Fourth District – September…

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Two Accident Reconstruction Experts Allowed, Third Expert Allowed in Part.

Plaintiff and defendant were involved in a motor vehicle accident.  Three accident reconstruction experts were hired to provide opinions. Facts:  This case (Jackson v. Asplundh Constr. Corp. – United States District Court – Eastern District of Missouri – Eastern Division – September 8th, 2016) involves a motor vehicle accident between…

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