Articles Posted in Daubert

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Summary: Plaintiffs hired a Police Procedures Expert Witness to provide testimony related to an excessive force claim.

Facts:  This case (Silva v. City and County of Honolulu – United States District Court – District of Hawaii – May 21st, 2019) involves a claim of use of excessive force.  The plaintiffs claim that the defendants seized the decedent and used excess force when they arrested him for disorderly conduct.  The plaintiffs assert that the Honolulu police officers used pepper spray and a Taser multiple times against the decedent.  He died following his arrest.  The plaintiffs hired Police Procedures Expert Witness Mr. Richard Lichten to provide testimony.  The defendants have filed a motion to exclude this expert from testifying.

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Summary: Economics Expert Witness was allowed to testify in employment lawsuit related to a claim that the defendant wrongfully fired the plaintiff.

Facts:  This case (Ferraro v. Convercent, Inc. et al – United States District Court – District of Colorado – December 12th, 2018) involves an employment dispute.  The plaintiff alleges that the defendant wrongfully discharged him.  To assist in his case, the plaintiff hired Dr. Michael Orlando (Economics Expert Witness) to provide testimony.  The defendants have filed a motion to exclude the expert witness testimony of Dr. Orlando.

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Summary: A Weather & Meteorology Expert Witness was allowed to testify, in part, in fire litigation caused by lightning

Facts:  This case (Philmar Dairy, LLC et al v. Armstrong Farms, et al – United States District Court – District of New Mexico – July 12th, 2019) involves a dispute over the delivery of alfalfa hay.  The plaintiffs allege that the defendant did not deliver over 2,500 tons of hay and did not refund the money to the plaintiffs.  The defendants state that a fire caused lightning destroyed the hay.  The plaintiffs state that the defendants fabricated the existence of the fire.  The defendants hired Dr. Elizabeth Austin (Weather & Meteorology Expert Witness) to provide testimony.  The plaintiffs have filed a motion to exclude this expert from testifying.

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Summary: Railroad Expert Witness testimony allowed in part related to a personal injury incurred on a railroad car.

Facts:  This case (Grantham v. CSX Transportation, Inc. – United States District Court – Southern District of Georgia – May 17th, 2019) involves an injury allegedly sustained by the plaintiff while working as a carman at the defendant’s Rice Yard in Waycross, Georgia.  The plaintiff claims that he stepped on a used brake shoe and injured his left knee while attempting to connect air hoses between railcars.  The plaintiff hired Railroad Expert Witness David Joe Lydick to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Correctional Healthcare Expert Witness testimony allowed in case involving a stroke in a detention center.

Facts:  This case (Kindoll v. Southern Health Partners, Inc. et al – United States District Court – Eastern District of Kentucky – March 29th, 2019) involves a medical malpractice and negligence lawsuit arising from the defendants’ alleged failure to provide adequate medical care to the plaintiff after she suffered a stroke while incarcerated at a detention center.  The plaintiff has hired Correctional Healthcare Expert Witness Lawrence Mendel, DO to provide testimony.  The defendants have filed a motion to exclude the testimony of this expert witness.

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Summary: Pathology Expert Witness allowed in part despite not having police procedures experience.

Facts:  This case (Mighty v. Miami-Dade County et al – United States District Court – Southern District of Florida – April 30th, 2019) involves a claim under 42 U.S.C. § 1983 and Florida state law and stems from defendant police officer’s fatal shooting of the decedent.  The defendant has hired Dr. Emma O. Lew (Pathology Expert Witness) to provide testimony on his behalf.  The plaintiff has filed a motion to exclude this expert from testifying.

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Summary: Pharmacology Expert Witness allowed in case claiming wrongful distribution of medication.

Facts:  This case (Mason v. CVS Health – United States District Court – Southern District of Ohio – May 3rd, 2019) involves a products liability and negligence claim.  The plaintiff’s claims come from the alleged wrongful distribution of prescription medication to the plaintiff.  The defendant has filed for summary judgment on all of the plaintiff’s claims.  As part of the summary judgment motion, the defendant has moved to exclude Patrick J. McDonnell, the Pharmacology Expert Witness hired by the plaintiffs.

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Summary: Defendant hired a Personal Property Valuation Expert Witness to provide testimony in relation to damage caused by Hurricane Harvey.

Facts:  This case (Mt Hawley Insurance Company v. TFP Properties III LLC – United States District Court – Southern District of Texas – July 19th, 2019) involves property damage that occurred during Hurricane Harvey.  The plaintiff has filed the action against the defendant asserting that it had paid all sums owing under a property casualty policy on a commercial property that was damaged during the hurricane.  The defendant has hired Sean Wiley, a Personal Property Valuation Expert Witness, to provide expert testimony.  The plaintiff has filed a motion to exclude this expert from testifying.

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Summary: Mechanical Engineering Expert Witness testimony is not excluded in off-road crash and rollover case.

Facts:  This case (Thompson et al v. Polaris Industries Incorporated et al – United States District Court – District of Arizona – May 14th, 2019) involves a products liability claim.  The plaintiff’s claim that the defendants should be held liable for a crash and rollover that they experienced while riding in an off-road recreational vehicle.  The plaintiff’s complaint alleges a strict liability claim, negligence claims, and a punitive claim.  The defendants have hired Elizabeth H. Raphael, MD, FACEP (Mechanical Engineering Expert Witness) to provide testimony.  The plaintiffs have filed a motion to exclude this expert from testifying.

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