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Summary: Architecture Expert Witness testimony allowed in part even though the plaintiff argued that an opinion on substantial similarity is not needed as the test is whether the designs are similar to an ordinary observer.

Facts:  This case (Design Basics, LLC v. Forrester Wehrle Homes, Inc. et al – United States District Court – Northern District of Ohio – May 23rd, 2019) involves a copyright infringement claim.  The plaintiff alleges that the defendant infringed their copyrights in a number of architectural plans and used them without permission to build single-family homes in Northwest Ohio and Southeast Michigan.  The defendant has hired Architecture Expert Witness Richard Kraly to provide testimony in this case.  The plaintiff has filed a motion to exclude this testimony.

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Summary: Spine Surgery Expert Witness allowed even though the plaintiff argued that the expert witness did not have the knowledge or education to testify on velocity of the collision.

Facts: This case (Miller v. Secura Supreme Insurance Company – United States District Court – District of Colorado – Jul 6th, 2023) involves an insurance claim for uninsured and underinsured motorist benefits. The defendant paid out $22,436.71 and stated to the plaintiff that they disputed the cause and the extent of the injuries claimed because he was also in an accident in 2017. The defendant requested that the plaintiff go to an independent evaluation by B. Andrew Castro, M.D.  After Dr. Castro submitted his report, the defendant continued to deny additional monies to the plaintiff. The plaintiff filed suit. As part of the case, the defendant hired Dr. Castro as a Spine Surgery Expert Witness. The plaintiff then filed suit to exclude Dr. Castro’s expert witness testimony.

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Summary:  Statistics Expert Witness allowed to provide testimony even though the defendant argued that his opinion should be excluded due to inconsistencies and errors.

Facts:  This case (Cone et al v. Sanitarios Lamosa S.A. DE C.V. et al – United States District Court – Eastern District of Texas – September 17th, 2019) involves a claim of alleged manufacturing and/or marketing defects of ceramic toilet tanks made by the the defendant.  The plaintiff has hired Shawn Casper, Ph.D. (Statistics Expert Witness) to provide expert witness testimony.  The defendant has filed a motion to exclude the expert testimony of this witness.

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Summary: Epidemiology Expert Witness allowed to testify in products liability case despite arguments that she changed her testimony.

Facts:  This case (Barrera, et al. v. Monsanto Company  – Superior Court of the State of Delaware – May 31st, 2019) involves a products liability claim.  The plaintiffs allege that their cancer was caused by exposure to the defendant’s herbicide product, commonly known as Roundup.  The plaintiffs have hired Epidemiology Expert Witness Dr. Beate Ritz to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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Summary: Professional Engineering Expert Witness allowed to provide testimony in part even though the defendant argued that the expert’s opinions would not assist the trier of fact.

Facts:  This case (Leftridge v. Speedway LLC – United States District Court – Northern District of Indiana – October 10th, 2019) involves a slip and fall claim.  The plaintiff Tayell Leftridge alleges that the defendant Speedway should be liable for injuries that she suffered when she slipped and fell on a wet floor at one of defendant’s stores in Hobart, Indiana.  The plaintiff has hired H. Richard Hicks (Professional Engineering Expert Witness) to provide testimony.  The defendant has filed a motion to exclude this expert from testifying.

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“Expert Witness Testimony in Medical Malpractice Litigation: Minutiae and Methods – In Credence and Credibility” is a comprehensive article that delves into the crucial role of Medical Expert Witnesses. The authors explore the intricate details and methodologies involved in expert testimony, emphasizing the importance of both substance and credibility in determining the outcome of such litigation.

The article highlights the complex nature of medical malpractice cases, where establishing negligence and proving causation often requires specialized knowledge and professional opinions. Expert witnesses, typically medical professionals with relevant expertise, are called upon to provide their insights and opinions on the matter. The authors stress that the selection of the right expert witness is a critical factor that can significantly influence the case’s outcome.

Furthermore, the article discusses the various methods used by expert witnesses to present their testimony effectively. These methods include providing clear and concise explanations, utilizing visual aids and demonstrative evidence, and employing reliable and accepted scientific principles. The authors emphasize the importance of maintaining objectivity and avoiding biased opinions, as these can diminish the expert’s credibility and undermine the weight of their testimony.

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The article “Determinant Factors of the Expert Witness Quality of Forensic Accountants in Corruption Crime” examines the factors that influence the quality of Forensic Accountant Expert Witness testimony provided by forensic accountants in corruption cases.

The researchers employed survey methods and a causal research approach to gather data from a sample of 33 forensic accountants with experience in trials or the investigative department. The study investigated three key factors: educational level, multidisciplinary training, and experience, hypothesizing that these factors would impact the quality of expert witness testimony.

The findings reveal that educational level and multidisciplinary training did not have a significant effect on the quality of expert witness testimony. This suggests that while formal education and cross-disciplinary training are important for forensic accountants, they may not directly contribute to the improvement of expert testimony skills.

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A Florida jury awards $5.6 million for a spinal cord injury sustained during an alcohol-fueled pool party at the Retreat in Gainesville. According to the Complaint, the Defendant, Retreat at Gainesville, LLC, hosted a St. Patrick’s Day event and provided free beer at the Retreat on March 17, 2017.

Massey was not asked or identification when he arrived at the pool party, Although he was underage, Retreat employees encouraged him to consume beer from unmanned kegs placed around the pool.

Witnesses testified that underage drinking was common at The Retreat Gainesville pool parties. Despite warnings to management by a community ambassador, nothing was done to control or monitor underage drinking during the pool parties. Testimony revealed employee focus was limited to prohibiting glass in the pool area rather than curtailing underage drinking.

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Summary: Securities Expert Witness testimony is allowed as the judge determined that “Ponzi schemes” is an allowed topic for expert witness testimony.

Facts:  This case (Hafen v. Howell et al – United States District Court – District of Utah – February 23, 2023) involves a Receiver’s action against the defendants to recover assets obtained from an alleged Ponzi scheme related to rare coins.  In order to support a motion for summary judgment, the plaintiff hired Securities Expert Witness Jonathan O’ Hafen to provide expert witness testimony.  The defendant’s have filed a motion to exclude this expert from testifying.

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Summary: Medical Devices Expert Witness testimony is granted in part and denied in part as the judge ruled that the expert was qualified to offer an opinion on the alleged inadequacy of the Injectafer label.

Facts:  This case (CROCKETT v. LUITPOLD PHARMACEUTICALS, INC. et al – United States District Court – Eastern District of Pennsylvania – February 23, 2023) involves a drug product liability claim.  The plaintiff, Katherine Crockett, claims that she sustained injuries after she was given Injectafer, an iron-replacement medication.  Crockett says that she developed hypophosphatemia after being given the drug.  The plaintiff hired Medical Devices Expert Witness George Samaras, Ph.D. to provide expert witness testimony to assist in her case.  The defendants have filed a motion to exclude this expert witness from testifying.

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