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Nurse Practitioner Expert Witness Not Qualified to Testify About Medical Standards of Care and Causation

Nurse Practitioner Expert Witness not Qualified to Testify About Medical Standards of Care and Causation   In Hamilton v. Pike County, Kentucky the US District Court for the Eastern District of Kentucky has ruled that a correctional system medical care expert witness was not qualified to testify about standards of care and causation because she… read more

Ladder Expert Witness Testimony Excluded as Outside Metallurgical Engineering Expertise

Ladder Design Expert Witness Testimony Excluded as Outside Metallurgical Engineering Expertise   In Kuzmech v. Werner Ladder Company the US District Court for the District of Connecticut ruled that a ladder design expert witness’s testimony should be excluded for lack of substantiation and use of unreliable methods. The Court reasoned: Although [name of expert] is… read more

Vocational Disability Expert Witness Testimony Excluded as Outside of Medical Expertise

Vocational Disability Expert Witness Testimony Excluded as Outside of Medical Expertise   In Ashford v. Wal-Mart Stores, LP the US District Court for the Southern District of Mississippi has ruled that a neurosurgeon expert witness was not qualified to testify about a plaintiff’s occupational opportunities. The Court reasoned that:   It is not apparent that… read more

Defamation Expert Witness Reports and Testimony Excluded

In Virginia College, LLC v. Martin the US District Court for the Southern District of Mississippi has ruled that malice expert witness testimony and reports should be excluded for making impermissible legal conclusions. The Court reasoned: [name of expert] focuses his report on the failure of Plaintiff’s defamation claim. As pointed out by Plaintiff, his… read more

Monetary Loss Expert Witness not Allowed to Testify Outside his Area of Damages Expertise

  In Woodmen of World Life Insurance Society v. U.S. Bank National Association the US District Court for the District of Nebraska has decided that an accounting expert witness may not be qualified to testify regarding economic issues beyond his education and scientific expertise. The Court explained: Woodmen moves to exclude the testimony of [name… read more

Maritime Safety Expert Witness Testimony Limited to Scope of Crane and Rigging Safety Expertise

Decision on Whether Maritime Safety Expert Witness Testimony is Limited to Scope of Crane and Rigging Safety Expertise Deferred to Trial   In Dewitt v. Florida Marine Transporters, Inc. the US District Court for the Eastern District of Louisiana has ruled that an oil and gas production expert witness may not be qualified to render… read more

Auto Theft Expert Witnesses Qualified as Specialized Knowledge Expert Witnesses

In United States v. Chapman the US District Court for the Eastern District of Kentucky has ruled that vehicle identification number expert witnesses who had expertise in identifying stolen motorcycles may testify. The Court reasoned:   Simet, Kenney, and Riley’s proffered testimony is not based upon scientific evidence, is not subject to peer review, and… read more

Structural Engineering Expert Witness Qualified to Testify as a Causation Expert Witness

In Jerid Enterprises, LLC v. Lloyd’s London the US District Court for the Northern District of Indiana has ruled that a structural failure analysis expert witness is qualified to testify because of his education, experience, and because his opinion falls within his area of expertise. The Court reasoned:   Lloyd’s has not attacked Mohajeri’s qualifications… read more

Radio Frequency Expert Witness Admitted Under Daubert

In United States v. Fama the US District Court for the Eastern District of New York ruled that a radio engineering and cell phone tower expert witness used a methodology sufficiently relevant and reliable under Daubert. The Court reasoned: The Government points to several cases in which courts have found expert testimony similar to the… read more

Eyewitness Reliability Expert Witness Testimony Improperly Excluded Under Dyas Standard

In Minor v. United States, the Court of Appeals for the District of Columbia ruled that a psychological research expert witness met the three-prong Dyas standard and should have been allowed to testify regarding his eyewitness identification study expertise. The Court reasoned: A. The Proffered Testimony Was Beyond the Ken of the Average Juror In… read more

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