Category: Expert Challenges
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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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South Carolina Court Grants Motion to Exclude Materials Engineering Expert in Product Liability Case
Olan Dubois was employed in the maintenance department of E.D.F. Renewable Energy, Inc. On June 28, 2017, he was instructed to investigate a reported fluid leak from a loader. While attempting to fix the problem, a sensor from the loader was expelled from its fitting towards his face and right eye due to the force…
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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…
