Author: Expert Witness Profiler
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Transportation Engineering Expert May Testify Only About the Standard of Care Required of a Train Operator
On January 4, 2023, 74-year-old Bonnie Thurston, accompanied by her grandchildren, Hailey and Roger Thurston, was riding a WMATA Metrorail train to Reagan National Airport. The train halted before reaching the station platform. Without any announcement of arrival or door opening, Thurston, observing the platform, stood up without holding onto any train supports. The train…
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Accounting Expert’s Reliance upon a Disputed Fact does not Equate to Insufficient Facts
In a recent legal battle between Mo Pow and Crypto, the spotlight has fallen sharply on expert testimony, specifically the lost profits analysis provided by Mo Pow 4’s expert, David A. Hall. This case, fundamentally about two failed digital currency mining agreements, has turned into a fascinating examination of expert witness reliability and the challenges…
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Economics Expert’s Statistical Model Survives Daubert Challenge in NCAA Volunteer Coach Case
The NCAA is an association whose members are colleges and universities competing in intercollegiate athletics. The NCAA governs student athletic competition at its member schools. NCAA schools are divided into three divisions: Division I, Division II, and Division III. Division I schools, which are at issue in this litigation, generally “manage the largest athletic budgets…
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Family Medicine Expert Witness’ Testimony Violates the Basic Requirement of Rule 26
On July 22, 2022, Dr. Gregory Fox, individually and as parent of C.F., and Rita Fox, individually and as parent of C.F. (jointly, the Plaintiffs), filed a lawsuit challenging the state of Maine’s public school vaccination requirements. Dr. Stephen B. Paulding, a board-certified family physician with over four decades of experience in primary care was…
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Neuropsychology Expert’s Opinions Discrediting the Body of False Confession Research Excluded
Essentially, Fulton and Mitchell alleged that they were wrongfully convicted of murder due to fabricated witness testimony and coerced false confessions by Chicago police officers. Consequently, they filed lawsuits claiming constitutional violations. As their trial date approached, the defense sought to introduce Dr. Diana Goldstein because of her extensive background, experience, and specialized knowledge as…
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Psychiatry Expert’s Testimony Not Fully Excluded Despite His Reliance on a Previous Edition of the DSM
In a recent Michigan case involving allegations of sexual abuse against visually impaired minors in public schools, the admissibility of expert psychiatric testimony became a focal point. Specifically, the Court grappled with challenges to Dr. Gerald Shiener‘s expertise and methodology. Plaintiffs presented Shiener, a psychiatrist, to testify on the “causation and damages” related to the…
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Pediatrics Expert’s Opinion Regarding a Target 95% Vaccination Rate Met the Daubert Bar
On July 22, 2022, Dr. Gregory Fox, individually and as parent of C.F., and Rita Fox, individually and as parent of C.F. (jointly, the Plaintiffs), filed a lawsuit challenging the state of Maine’s public school vaccination requirements. Dr. Laura Blaisdell, a pediatrician with extensive qualifications in medicine and public health, was presented as an expert…
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Why Expert Legal Interpretations Were Excluded in Section 504 Case
O.B., diagnosed with ADHD at age seven, sustained a severe self-inflicted gunshot wound, resulting in permanent blindness. Following the incident, his parents alleged that Colbert Elementary School in the Mead School District (MSD) failed to provide him with necessary accommodations under the Rehabilitation Act and the Americans with Disabilities Act. Central to the dispute was whether…
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Accounting Expert Witness’ Calculations of Lost Profits and Plow-Down Costs Survives Daubert Challenge
Polypack sued Nestlé for breach of contract and breach of implied covenant of good faith, claiming Nestlé failed to make final payments for equipment and service fees. Nestlé counterclaimed, alleging defective equipment and failure to meet performance requirements, resulting in significant financial losses, including lost profits, additional labor costs, and storage fees. Nestlé retained David…
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Economics Expert’s Revenue-Per-Minute Analysis Rejected under Daubert
The copyright infringement case between Buck Goodday Woodall (“Bucky”) and The Walt Disney Company over the film “Moana” has highlighted the critical role of expert testimony in legal disputes, particularly when dealing with complex financial analyses. Plaintiff Woodall sought to demonstrate financial damages by presenting expert testimony from Stan Smith, who proposed a “revenue-per-minute” analysis…
