Author: Expert Witness Profiler
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The Daubert Standard
Unlocking the Daubert Standard: A deep dive into how this crucial legal criterion safeguards credible expert testimony in cases. Explore its components and evolution. #DaubertStandard #ExpertTestimony #LegalInsights
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Arizona District Court finds Railroad expert witness testimony inadmissible in wrongful termination suit; dismisses case
Exclusion of railroad expert witness under Daubert in wrongful termination suit. Matthew Thomas, a former BNSF Railway engineer, ignites a legal storm. Alleging retaliatory termination due to whistleblower status, he reports BNSF’s violations to the Federal Railroad Administration. BNSF counters, attributing damages to Thomas in a train derailment. Learn more about why the Plaintiff’s railroad…
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South Carolina Court of Appeals affirms admission of nursing expert witness testimony
On October 25, 2014, a five-week-old child, Robert Lee M., Jr. (Minor), was admitted to Regional Medical Center (“Regional”) for a high fever. Jamie Downing worked at Regional as a nurse and treated Minor during his hospital stay. Medical personnel at Regional did not initially know the cause of Minor’s fever but on the day…
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South Dakota Supreme Court affirms exclusion of polygraph evidence in the absence of agreement between the parties
Background The case examines the admission of polygraph evidence in criminal and civil cases. Banks pled guilty to first-degree manslaughter and prior to his sentencing hearing sought to introduce polygraph analysis as evidence to prove that he was not the shooter. The Circuit Court decided to preclude the polygraph examination from the evidence, which subsequently…
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California Court Denies Motion to Exclude Expert Witness Testimony in Cryptocurrency Case
In a recent (ongoing) case in California, a senior couple, Robin Denker and Jerry Klein sued Michael Ricchio, the ex-husband of Denker’s daughter, claiming elder financial abuse, unjust enrichment, negligence and breach of contract. Denker and Klein (Plaintiffs) invested $13,000 into an initial coin offering for ICN (Iconomi) at Ricchio’s suggestion. Ricchio purchased the cryptocurrency…
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Motion to Exclude Granted
How to Avoid It and What to Do When it Happens? A Daubert motion is like Zeus’ thunderbolt – one of the most effective and devastating weapons in the armory of an attorney which can be used against an expert witness. When the Court pronounces, “Motion to exclude expert testimony is granted”, the pain is…
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Expert Witness Research Survey:: 2017-18
Expert Witness Research Methods and Data Sources Whether you are an attorney, paralegal, law librarian or legal researcher, any legal professional who works in the expert search and research arena must surely notice that the space is highly fluid, dynamic and evolving at a near dizzying pace. Almost weekly, a new product, service, company emerges…