Tag: Expert Testimony
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Law Enforcement Expert Witness’ Testimony on Certain Customs and Practices Excluded
This civil rights action arises out of an October 23, 2020 traffic stop involving Plaintiff, Kary Jarvis and Daytona Beach Police Department officers Marville Tucker and James Mackenzie. As a result of the traffic stop, Plaintiff was injured and filed a complaint alleging false arrest. Defendants, City of Daytona Beach as well as Marville Tucker…
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Mechanical Engineering Expert Witness Not Allowed to Opine About the Accident or on the Credibility of Individuals
This matter arises from the tragic death of James Lemaster, a technician employed by Orbis Corporation at the company’s manufacturing plant in Georgetown, Kentucky. Lemaster’s job duties involved fitting industrial molds for filling and pressing to produce various made-to-order plastic hardware. On August 12, 2021, Lemaster was operating a hoist crane to lift and move…
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Oil & Gas Expert Witness’ Statements of industry Customs and Practices Deemed Admissible
On March 22, 2021, Plaintiff Brandon Long, an employee of Helmerich & Payne International Drilling Co. (“H&P”), was supervising the de-rigging of an oil rig in the Unita Basin near Myton, Utah. H&P hired a subcontractor to assist with moving the drilling rig and other equipment, which in turn hired Defendant J&C Enterprises, Inc. (“J&C”)…
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Expert Testimony Admitted Because it Does Not Consist of Opinions on the Defendant’s Mental State
Delilah Diaz was stopped at the U.S.-Mexico border with over 54 pounds of methamphetamine hidden in her vehicle. She was charged with importing methamphetamine and she claimed not to know that the drugs were hidden in the car. To rebut Diaz’s claim, the Government planned to call Homeland Security Investigations Special Agent Andrew Flood as…
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Materials Science and Orthopedic Surgery Experts analyze Hip Implant Failure
Pamela Ahmed has a history of back problems dating back to a traffic accident in approximately 1988. By 2020, Ahmed had a litany of “bad orthopedic issues,” leading her doctor to deem her an “orthopedic disaster.” She began to experience significant hip arthritis, and her doctor diagnosed her with end-stage osteoarthritis. Ahmed underwent a right…
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Transportation Safety Expert Witness’ Opinions Held to Consist of Abstract Propositions
This case stems from a very minor rear-end motor vehicle accident on March26, 2021, which resulted in slight bumper damage to Plaintiffs’ truck. Defendant Ryan Transport employed Defendant Cummings and was under dispatch for Defendant Lenk Express at the time of the subject accident. To begin with, Plaintiffs retained and identified Linda Day to testify,…
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Art and Humanities Expert Witness’ Testimony Did Not Employ a “Prior Art” Methodology
A district judge in California limited the testimony of the Defendant’s substantial similarity expert witness as he lacked the requisite qualifications to express his opinions regarding Polynesian, Oceanic, or Hawaiian mythology, folklore, history, religion, or culture. Plaintiff Buck Goodday Woodall filed a copyright infringement case against Defendant The Walt Disney Company, Buena Vista Home Entertainment…
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Credit Reporting Expert Witness’ Testimony about Difficulties Resulting from Misreporting on a Credit Report Limited
Plaintiff, Jamaal Nelson applied for housing with Younger Developments in Texas around February 2023. He alleged he was denied housing on February 7, 2023 because Defendant’s consumer credit report reported Plaintiff as “Deceased” on a Capital One tradeline and this happened because Defendant failed to investigate the alleged inaccuracy. He added that due to his being…
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Court Limits Transportation Safety Expert Witness’ Testimony After he Fails to Identify a Safety Rule Violation
A district judge in Pennsylvania limited the Transportation Safety Expert’s testimony about the Defendant’s failure to review safety and compliance data. Defendant Gateway Freight Systems, Inc., on behalf of Defendant Tempel Steel, retained Defendant Foxway Transportation, Inc. to transport a shipment of Tempel’s product from Tempel’s Canadian location to two locations in Pennsylvania. On October…
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Testimony of Firearms and Toolmark Expert Witnesses Held to Meet Daubert’s Reliability Requirement
The Grand Jury charged Defendants Ariel Petersen, Ivan James, and John Williams with multiple firearms offenses and other crimes. The charges specified the illegal use of a Glock 40 caliber pistol, an Olympic Arms MFR AR rifle, and a Romarm WASR-10 AK rifle. Defendants contested the reliability of expert testimony the United States intended to…
