Tag: Reliable
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Court confirms the admissibility of the testimony of occupational medicine expert in employment discrimination case
In an Americans with Disabilities Act of 1990 “ADA” discrimination case, the Court denied the Defendant’s motion to preclude expert testimony offered by the Plaintiff opining that certain medical guidelines were outdated. Though the Defendant argued the opinions were unsupported, the Court found the testimony could potentially assist the jury and weaknesses were better addressed…
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Court partly admits the consumer survey research and damages findings presented by the defense experts in trademark infringement suit
In this trademark infringement case over the RED GOLD mark, the court ruled on motions to exclude expert testimony. The Plaintiff, Solid 21, sought to exclude survey findings by the Defendants’ expert Mark Keegan regarding whether consumers identified “red gold” as a brand in ads. The Court denied this motion, finding Keegan qualified and his…
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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.
