Expert Witness BlogDefendants’ challenge the expert witness testimony of psychologist based on reliability and relevancy. The court denied the motion.
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Sixth Circuit Affirms Gang Expert Witness Testimony
Defendants’ appealed RICO convictions on numerous grounds, one of which was a challenge to the district court’s decision to allow expert witness testimony of gang expert witnesses. The appeals court confirmed the opinion of the district court.
Georgia Supreme Court Reverses Lower Court’s Opinion Admitting Pathology Expert Witness Testimony
Court reverses lower court opinion (affirmed by the Court of Appeals) allowing the causation expert witness testimony of Dr. Jerrold Abraham. Spaca argued that expert’s cumulative exposure theory dis not fit the legal standard of causation. The Supreme Court agreed.
Industrial Psychologists and Workplace Injury
Bob Rose and Robyn Porterfield
Workplace injury is a serious problem with many costs including the cost of well-being and even loss or life. The causes and prevention of injury is a complex issue with many factors including adequately functioning machines safety equipment and so on.
Interestingly many of the factors relating to workplace injury can be addressed by Industrial Psychologists (also called IO psychologists). IO psychologists are trained to address the human factors at work. Examples will be useful.
Construction Expert Witness Testimony Allowed
Defendant insurance company hired construction expert witness to opine on allocation of responsibility for specific costs in project. The plaintiff filed motions to exclude this testimony. The court ruled to allow the expert report.
Cell Site Analysis Expert Witness Testimony Allowed
In this murder-for-hire case, the Government hired an expert in cell site analysis to provide testimony. The Defendant filed a motion to exclude the testimony based on unsound scientific methodology. The court denied the motion.
Causation Expert Testimony in Toxic Tort Exposure Case Not Allowed
Plaintiff claims that she was exposed to toxic substances while working for Defendant. Defendant filed motion to exclude the testimony from her three expert witness. The court granted the motion.
Hospitality Expert Witness Testimony Allowed
The Defendants filed a motion to exclude the testimony of Plaintiff’s hospitality expert witness based on the unreliability of his scientific methods. The court denied this motion.
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
- In re: William and Myo Shears – United States District Court – Western District of Washington – January 4th, 2016 – This is an admiralty litigation involving a fire on a motor yacht. The petitioners initiated this case for Exoneration or Limitation of liability as they became aware that their vessel may have caused the fire and caused damage to other vessels in their dock. The petitioners have asked the court exclude the expert witness testimony of Richard Carman (Fire Expert Witness) as unreliable. The court deemed that any objections to the expert witness testimony should go to the weight, not the admissibility.
- Hooks v. Ferguson – Court of Appeals of Michigan – January 5th, 2016 – This is a medical malpractice case involving a laparoscopic cholecystectomy surgery. During the surgery, improperly placed clips on the cystic duct caused a blocked common bile duct. The plaintiff sued the doctor for malpractice and hired Leonard F. Milewski (General Surgery Expert Witnesses) to assist in proving her case. The defendant filed a motion to exclude Dr. Milewski’s opinion, stating that it was a “negligence per se” standard as well as not meeting all of the factors in connection with MCL 600. The trial court agreed, excluding the witness and granting summary judgment. The appeals court disagreed, and reversed the opinion.
OB/GYN Experts Allowed in Medical Malpractice Case
The defendant challenged the standard of care and causation experts in this medical malpractice case. The court denied the motion to exclude the testimony of both witnesses.