Tag: Expert Witness Testimony
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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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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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Vermont Court limits executive search and recruitment expert’s opinions regarding Plaintiff’s job qualifications and associated compensation range
Although Ketchum is qualified as an expert based on his extensive professional experience in executive recruiting, portions of his opinions were excluded as unreliable under Rule 702. His opinion on Wolfe’s probable compensation range relied solely on limited data points regarding Wolfe’s prior salary and his successor’s pay without explaining his reasoning. Ketchum’s opinion that…
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Court admits royalty analysis on a convoyed sales approach, denied motion to exclude in Patent Infringement case
In this patent infringement lawsuit, the Court addressed Defendant’s motion to exclude Plaintiff’s damages expert under Daubert and Rule 702. The Defendant argued the expert improperly inflated the value of the patented inventions by including non-infringing products and features in his royalty calculations. However, the Court upheld the expert’s methodology. It found the expert permissibly…
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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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The Daubert Standard
Unlocking the Daubert Standard: A deep dive into how this crucial legal criterion safeguards credible expert testimony in cases. Explore its components and evolution. #DaubertStandard #ExpertTestimony #LegalInsights
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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…
