Tag: Daubert Standard
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Court admits the testimony of Toxicology Expert Witness on account of basing her conclusions regarding the Decedent’s Comparative Fault and Intoxication on a reliable premise in Wrongful Death Suit
The Plaintiff, Herbert Johnson, as the Personal Representative of the Estate of Herbert Johnson III, had brought this action pursuant to the Section 768.21, Florida Statutes (the Florida Wrongful Death Act), alleging that East Coast Waffles d/b/a Waffle House (hereafter, “Waffle House”) negligently owned, controlled, managed, or maintained the premises where his son, Herbert Johnson…
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Disagreement among experts regarding methodology does not necessitate exclusion under Daubert; Nursing expert witness testimony on adequate staffing levels survives challenge
This case involved a putative class action lawsuit brought by Plaintiff Gail Parrish against Defendant Gordon Lane Healthcare, LLC (Gordon Lane), which operated a long-term skilled nursing facility where Parrish resided. Parrish, by and through his daughter and successor in interest, Monica Parrish, alleged that Gordon Lane failed to adequately staff the facility in violation…
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Expert Fire Investigator’s testimony determining the point of origin and cause of the fire found reliable
The Court denied a Daubert motion to exclude a fire investigator’s testimony on the origin and cause of a destructive fire. It found the investigator qualified through extensive experience investigating fires. Minor flaws in his analysis provided fodder for cross-examination but did not warrant exclusion. Competing expert conclusions created a battle of the experts for…
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Court admits image valuation and consumer perception theories with regard to the model and talent industry provided by the Plaintiff’s experts in copyright infringement suit
Wisconsin District Court denied a motion to exclude the Plaintiffs’ expert who used his industry experience to opine on hypothetical negotiation value. The court found his valuation method reliable enough for admission, despite the Defendant’s critiques. It also permitted the Plaintiffs’ survey expert, ruling that flaws in the survey went to evidentiary weight, not admissibility.…
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Court excludes unreliable pharmacology and neurology expert opinions in product liability case; grants summary judgment
In a lawsuit against Vitamin Shoppe, a man alleged its vitamin supplements containing arsenic and lead caused his peripheral neuropathy. He relied on his treating neurologist and a pharmacist to provide expert opinions on causation. The court excluded both experts, finding their methodologies failed to reliably account for the dosage of toxins consumed. Without admissible…
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Court admitted the valuation expert reports presented by both parties in this case involving the termination of a wine distributorship agreement
In a wine distribution lawsuit, the court denied motions by both parties to exclude expert witness testimony. The court found most issues went to the weight of the evidence rather than admissibility. Citing the less stringent Daubert standard in a bench trial, the court expressed confidence in its ability to properly weigh even questionable expert…
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Court limits treating physician’s testimony pertaining to issues concerning the Plaintiff’s treatment
This case demonstrates the court’s “gatekeeping” role in assessing reliability of expert testimony under Daubert and excluding opinions outside an expert’s direct knowledge and treatment. The decision provides guidance on constraining expert witness testimony to matters firmly within the bounds of the expert’s qualifications and experience.
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Multiple expert challenges in case involving recreational vehicle explosion leading to critical injuries
The plaintiffs challenged the defense experts on multiple fronts. They moved to preclude certain testimony of James J. Keough, Jr. regarding the RV design and accident, arguing his opinions lacked sufficient basis and methodology. But the court found Keough relied on extensive materials and technical experience, applying a reliable methodology. It emphasized vigorous cross-examination, not…
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Court excludes the unsubstantiated testimony of labor standards expert witness on account of non-compliance with the disclosure requirements of Rule 26
The Court excluded the Plaintiffs’ expert witness report in this fair labor standards act case for noncompliance with Rule 26 requirements. The report lacked a detailed explanation of the expert’s methodology and opinions. It relied on facts not yet available through discovery. Further, it failed to identify supporting exhibits or provide the expert’s qualifications and…
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Orthopedic expert testimony on causation survives unreliable methodology challenge in Louisiana
The District Court denied Plaintiff’s motion to exclude the testimony of Defendant’s expert Dr. Millet. Though Dr. Millet did not examine the Plaintiff and made some factual assumptions, the Court found his methodology of reviewing medical records combined with his experience was sufficiently reliable under Daubert. The Court held disputes over the basis for an…
