Category: Expert Challenges
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Michigan Court excludes the misleading testimony of Mechanical Engineering Expert in Maritime Personal Injury Action
In a maritime personal injury action, Plaintiff Hussein Al Qari alleged serious injuries from a fall aboard the M/V H. Lee White. Expert testimony from mechanical engineer Dr. John Samuel Morse was introduced, claiming the ship’s ladder’s design was unsafe according to OSHA regulations. However, the Court deemed these OSHA regulations irrelevant to U.S. Coast…
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Nebraska Court Partly Admits Employment Attorney’s Expert Testimony
Legal case illustration depicting the complexities of employment discrimination claims, expert testimony, and legal conclusions. Plaintiff Terrence T. Batiste II alleges wrongful termination and discrimination. Defendant Titan Medical Group LLC’s expert witness testimony by Timothy D. Loudon is under scrutiny. Court’s decision balances expertise, methodology, and admissibility of testimony. Legal insight into the ongoing case…
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Florida Court admits construction expert’s testimony assessing negligence claims in personal injury action
Paychex Insurance Agency, Inc. presented Eric Todd Alford as an expert witness in the trial, offering insights into the proper practices for general contractors in procuring proof of workers’ compensation insurance from subcontractors. Alford’s extensive experience in the construction industry, coupled with his certifications, qualifies him to provide opinions on matters ranging from subcontractor verification…
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Texas Court admits medical expert testimony in prenatal care medical malpractice case
Discover the intricacies of expert witness testimony admissibility in a medical malpractice case. Explore how qualifications, relevance, and reliability of experts play a pivotal role in legal proceedings. Delve into the Daubert standard and the key takeaways from a recent case involving medical experts in obstetrics, gynecology, and pediatrics.
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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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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…
