Tag: Rule 26
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Court admits the deficient report of Orthopedic Surgery Expert Witness despite non-compliance with the requirements of Rule 26 but subjects it to lesser sanctions
Plaintiff Valerie Peterson filed a personal injury lawsuit against Defendant Ross Dress for Less, Inc. in the United States District Court for the Eastern District of Missouri. Peterson alleged that on July 6, 2020, while shopping at a Ross Dress for Less store in Poplar Bluff, Missouri, she was struck by an overloaded shopping cart…
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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 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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Eleventh Circuit clarifies the difference between the two types of expert witness disclosures under Rule 26
Eleventh Circuit elaborated on the difference between two types of expert witness requirements under Rule 26 in the instant case- a detailed written submission and a less extensive pretrail disclosure. #experttestimony #federalruleofcivilprocedure26(a)(2)(B) #federalruleofcivilprocedure26(a)(2)(C)