Expert Witness BlogThe defendant was charged on numerous counts of insurance fraud and hired an expert witness in holistic medicine to assist in his case. The plaintiff filed a motion to exclude and it was granted.
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Aerial Photography Expert Witness Allowed
Plaintiff sued defendant for negligence involving an accident. Plaintiff hired an aerial photography expert witness and defendant filed a motion to exclude the witness. The court allowed the expert witness to testify.
Business Valuation Expert Testimony in Patent Case Allowed in Part
Plaintiff filed a patent infringement claim against the defendant related to managing malware in their browser. The plaintiff hired a business valuation expert to calculate damages. The defendant filed a motion to exclude this expert witness testimony.
Expert Testimony in Suburethral Sling Case is Allowed in Part.
Plaintiff sued defendant arguing that the ObTabe inserted into her body was the cause of her infections. The defense called three witnesses to assist in their case. The plaintiff filed motions to exclude.
Using Legal Malpractice Experts
In John P. Blumberg’s (www.blumberglaw.com) article “Legal-malpractice experts: Choosing, Using or Losing” in the October 2016 issue of The Advocate Magazine, he points out how crucial the legal malpractice expert witness is in reviewing the underlying case.
For example, in a circumstance where an attorney recommended a settlement to his client that may have been inadequate. Before the expert can testify about whether it was negligent to recommend such a settlement, the legal malpractice expert must be familiar with the facts of the underlying case.
In doing so, the author puts for such questions as: Was there liability (where the defendant failed to use reasonable care to prevent harms)? Were there probable damages (actual loss or harm)? Were there procedural issues that could affect the outcome of a trial? Mr. Blumberg suggests the expert must be able to testify about all of these factors of the underlying case that would have gone into a competent opinion by the defendant-attorney in recommending the settlement. He also advocates that the expert be retained early in the litigation so that the trial attorney can develop the facts to support the expert’s opinion.
Cardiology Expert Witness Allowed in Insurance Fraud Case
Plaintiff hired cardiology expert to opine on medical tests and procedures in his field. Defendant filed a motion to exclude this testimony. The court allowed the testimony to proceed.
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.
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.
District Court Opinion Denying Healthcare Expert is Affirmed
Plaintiff appealed an opinion of the district court excluding the testimony of his standard of care expert. The appeals court affirmed the opinion.
Fire Expert Witness Partially Allowed
Plaintiff sued defendant for negligence in the design of a toaster that caught on fire, causing the death of the owner. The plaintiff hired an expert to assist in his case, and a motion to exclude was denied in part and granted in part