Articles Posted in Daubert

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Summary: Vocational Evaluation & Rehabilitation Expert Witness allowed to testify despite the defendant’s assertion that he did not explain how he reached his conclusions about pre-injury earning capacity.

Facts:  This case (Kinnerson v. Arena Offshore L P et al – United States District Court – Western District of Louisiana – June 21st, 2019) involves a personal injury claim.  The plaintiff alleges that he sustained injuries while being transferred by a crane in a personal basket and that the basket violently struck a railing.  The plaintiff has hired Glenn Hebert, a Vocational Evaluation & Rehabilitation Expert Witness to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Biomechanics Expert Witness testimony allowed in part even though the defense argued that his biomechanical engineering background does not qualify him to testify in this injuries case.

Facts:  This case (Haines v. Get Air Tucson Incorporated et al – United Stated District Court – District of Arizona – July 5th, 2019) involves an accident at a trampoline park owned by the defendant.  The plaintiff alleges that his injuries are a caused by a defective employee handbook created by the defendant.  The plaintiff has hired Richard Hinrichs, Ph.D. (Biomechanics Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Obstetrics & Gynecology (OB/GYN) Expert Witness testimony not allowed even though the expert testified that his opinion on the injuries were based on his own experience and expertise.

Facts:  This case (RASCHELLE GOFF V KAREN L NIVER MD – State of Michigan – Court of Appeals – June 18th, 2019) involves a medical malpractice claim.  The plaintiff argues that during the birth of her baby, she suffered three injuries.  The plaintiff sued the defendant doctor and hospital alleging that the doctor violated the standard of case by not recognizing and surgically repairing a sphincter tear and retrovaginal tear following the delivery of her baby.  The plaintiff hired Obstetrics & Gynecology (OB/GYN) Expert Witness Dr. Robert Dein to provide testimony on her behalf.  The defendant filed a motion to exclude the expert witness testimony of Dr. Dein.  The lower court granted the motion to exclude.  This is the appeal.

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Summary: Mechanical Engineering Expert Witness allowed to provide testimony even though the defendant’s argued that he was not qualified to offer an opinion on miters saws as he does not have the requisite experience on the topic.

Facts:  This case (Landi et al v. Home Depot USA, Inc. et al – United States District Court – Middle District of Florida – September 24th, 2019) involves a products liability claim.  The plaintiff claims that he was injured while using a miter saw manufactured by the defendant and purchased from Home Depot.  The plaintiff alleges that he was using the saw to cut crown molding, operating the saw with his right hand and holding the crown molding with his left.  The plaintiff claims that while the blade was spinning, the crown molding was pulled to the right and the plaintiff’s left arm was pulled as well.  The blade subsequently cut into the plaintiff’s left forearm.  The plaintiff hired Mechanical Engineering Expert Witness Dr. Charles E. Benedict to provide expert witness testimony and the defendant has filed a motion to exclude this expert from testifying.

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Summary: Securities Expert Witness was not allowed to testify in a broker-dealer case as the court determined that the expert is not qualified to offer an opinion on broker-dealer’s systems.

Facts:  This case (Securities and Exchange Commission v. Lek Securities Corporation et al – United States District Court – April 8th, 2019) involves securities.  The plaintiff sued the defendant alleging that traders engaged in two schemes to manipulate the securities markets and that they did so through trading at a broker-dealer based in New York.  The plaintiff brought claims for violations of the Securities Exchange Act of 1934 (the “Exchange Act”) and the Securities Act of 1933 (the “Securities Act”).  The defendants have hired Securities Expert Witness Roger Begelman to provide testimony.  The plaintiff has filed a motion to exclude this expert from testifying.

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Summary: Physical Medicine & Rehabilitation Expert Witness testimony excluded despite defendant’s argument that he was not qualified to offer testimony

Facts:  This case (Bermudez v. City of New York – United States District Court – Eastern District of New York – December 21st, 2018) involves the alleged excessive use of force related to the arrest of the plaintiff.  The plaintiff has hired Dr. Ali Guy, M.D. (Physical Medicine & Rehabilitation Expert Witness) to provide testimony.  The defendant has filed a motion to exclude the expert witness testimony of Dr. Guy.

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Summary: Railroad Expert Witness testimony not allowed in personal injury case as the defense argued that he was not qualified to offer testimony in this case.

Facts: This case (Wilks v. BNSF Railway Company – United States District Court – Eastern District of Oklahoma – August 27, 2020) involves an injury suffered by the plaintiff while replacing a broken knuckle on a locomotive. The plaintiff hired Railroad Expert Witness David Anthony Rangel to provide testimony on his behalf.  The defendant has filed a motion to exclude the expert witness testimony of Mr. Rangel.

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Summary: Automobile Mechanical & Body Repair Expert Witness testimony is granted in part and denied in part even though the court opined that he was qualified to provide expert witness testimony in an automobile products liability case.

Facts:  This case (Grover et al v. BMW of North America, LLC et al – United States District Court – Northern District of Ohio – January 24th, 2022) involves a products liability claim against BMW.  The plaintiffs state that their vehicles, all equipped with a N63 turbocharged engines, consumed an absorbent amount of engine oil.  BMW claims that the excessive burning of oil was normal.  The plaintiffs hired Automobile Mechanical & Body Repair Expert Witness Darren Manzari to provide expert testimony.  The defendant has filed a motion to exclude Manzari from giving expert testimony.

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Summary: Banking Expert Witness testimony allowed as the court concluded that, because the expert is experienced, he does not need to identify the source of specific industry standards

Facts:  This case (Noble Bottling, LLC et al v. Hull & Chandler, P.A. et al – United States District Court – Western District of North Carolina – January 4, 2023) involves a claim of a stolen deposit placed in a bank.  The plaintiffs allege that, as part of a lending agreement, they were required to deposit 2.765 million dollars into a restricted Bank of America account as security.  The loan was never made and the deposit was stolen by Reinhart Holdings LLC.  The lawsuit claims that the defendants verified to the plaintiffs the authenticity and security of the restricted bank account.  To assist with their case, the plaintiffs hired Banking Expert Witness Andrew Manley to provide expert witness testimony.  The defendants filed a motion to exclude this expert from testifying.

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Summary:  Genetics Expert Witness allowed to testify despite the Defendant’s claim that her testimony on informed consent would not assist the trier of fact.

Facts:  This case (Kanuszewski v. Shah – United States District Court – Eastern District of Michigan – February 3rd, 2022) involves a 1983 claim regarding Michigan’s Newborn Screening Program.  The plaintiffs allege that the defendants violated their Fourteenth Amendment Rights by taking blood from their babies and using the blood without their consent. In order to prove their case, the plaintiff’s have hired Genetics Expert Witness Professor Sonia Suter to provide expert witness testimony.  The defendant’s have filed a motion to exclude this expert from testifying.

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