Tag: Expert Testimony
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Court Refuses to Bar Expert Witnesses from Opining on Firearms Regulation
A district judge in Vermont refused to exclude the testimony assessing the impact of gun laws presented by the State’s expert witnesses. Plaintiffs, corporate entities affiliated with gun ownership and several Vermont residents, filed this action against Defendants, high-level Vermont state officials. Plaintiffs allege that 13 V.S.A. § 4021, which prohibits possession and sale of “large…
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Safety Expert Witness’ Analysis of the Alleged Discrimination deemed Inadmissible
A district judge in California barred a safety expert witness from testifying about lack of intentional discrimination despite being qualified to offer an opinion on the subject matter. Plaintiff Melvin Patterson is deaf. He brought this action under Title III of the Americans with Disabilities Act and the California Unruh Civil Rights Act against Defendants Six Flags Theme Parks, Inc., Six…
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Nursing Expert Witness Fails to Establish Breach of Duty of Care
A district judge in Kansas barred an expert physician and nurse from testifying about the Defendants’ deviation from the requisite standard of care. Facts: On April 9, 2021, Smoky Hill admitted Arlen Dority, age 82, after a fall at his home on April 6, 2021 and a decline in his ability to care for himself.…
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Court Partly Admits Nursing Expert Witness’ Assertion that the Nursing Care was Substandard
A district judge in Washington ruled that the testimony advanced by an expert on nursing practice was relevant to the Plaintiff’s argument that Chelan County Regional Justice Center’s medical care of inmates is substandard. Facts of the Case: Defendant Chelan County Regional Justice Center (“CCRJC”) accepted Blair Nelson into its jail on November 21, 2020.…
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Mechanical Engineering Expert Witness’ Opinions on Vessel Design and Operations Rejected
This matter concerns a maritime personal injury. On May 19, 2023, Bunting filed this case against Odyssea, alleging claims for Jones Act negligence, unseaworthiness, and negligence under general maritime law and state law, and seeking damages for injuries to his back, legs, knees, and feet. Facts In March 2018, Odyssea hired Bunting to work as…
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Civil Engineering Expert Witness’ Generic Testimony Deemed Unhelpful
A district judge in Florida decided that a civil engineering expert witness cannot testify about the alleged defects of Knauf drywalls because his testimony was generic. Defendants Knauf Gips KG and Knauf New Building System (Tianjin) Co. Ltd.’s (“KPT”) are foreign manufacturers accused of constructing defective drywalls that have been installed in homes across the country. Plaintiff…
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Sales Expert Witness’ Opinions Regarding Termination of a Distributorship Agreement Rejected
A district judge in Nevada held that a Sales Expert Witness’ opinions about the termination of a distributorship agreement were nothing more than common sense. Facts: Temsa primarily sought redress for Defendant TC Nevada, LLC’s (“TC Nevada’s”) unlawful use and possession of certain motorcoaches manufactured by Temsa. Temsa is a leading commercial vehicle manufacturer of motorcoaches, buses,…
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Life Care Planning Expert Witness Deemed Qualified to Diagnose Plaintiff’s Injuries
A district judge in Missouri allowed a emergency room physician, who also happens to be a certified life care planner, to diagnose the Plaintiff’s injuries and attribute them to the vehicle accident at issue. This matter arises from a January 2021 vehicular collision. A United States Postal Service (“USPS”) employee, driving a delivery truck, rear-ended a…
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Design Engineering Expert Witness’ Product Defect Theory held to be Reliable
A district judge in New Jersey decided that a design engineering expert witness could testify about the alleged design defects of the model in question and the risks and possible outcomes of such design defects. On August 19, 2016, William Visakay (“Visakay”) was riding his 2007 Craftsman Lawn Tractor in his backyard when it overturned…
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Court Bars Intellectual Property Expert Witness for Opining on Straightforward Matters of Law
A district judge in New York held that the report of a intellectual property expert witness spoke to straightforward areas of the law where juries did not require assistance. Plaintiff Medical Depot, Inc. and Defendant Med Way US, Inc. are both manufacturers of medical products, including specially designed medical air mattresses. Medical Depot, Inc. began selling various air…
