Second Circuit accepts drug distributor as expert witness; says police...
The Second Circuit’s latest ruling on 5th September 2013 in the narcotics trial of U.S. v. Haynes was remarkable in a number of ways. Firstly it witnessed the expert testimony of a drug distributor...
View ArticleNeurology expert witness testimony admitted in employment discrimination case
Disability discrimination occurs when an employer or other entity covered by Americans with Disabilities Act or the Rehabilitation Act treats a qualified individual with a disability who is an employee...
View ArticleNine expert witness challenges ruled upon in Wisconsin
The Wisconsin District Court recently came across nine lengthy motions in limine filed by the Defendants in the case of Stevens v. Stryker Corp. – all challenging the admissibility of the Plaintiff’s...
View ArticleAnother insurance expert falls for offering legal conclusions
An expert’s testimony is proper under Rule 702 if the expert does not attempt to define the legal parameters within which the jury must exercise its fact-finding function. However, when the purpose of...
View ArticleWireless communications expert witnesses fight it out in MobileMedia vs....
The Delaware District Court has partially granted Apple Inc.’s motion for judgment as a matter of law with respect to invalidity of three infringement claims covering call-handling and camera...
View ArticleWireless communications expert witnesses fight it out in MobileMedia vs....
* Continued from Part 1 After discussing the ’075 Patent issue, we now look at the remaining two claims. U.S. Patent No. 6,070,068: ”Communication Terminal Device and Method for Controlling a...
View ArticlePsychiatric expert witness permitted to observe trial testimony
The exclusion of potential witnesses during the testimony of other witnesses is routine during criminal trials, since there is a possibility that their testimony will be tainted or influenced by...
View ArticleCourt of Appeals of Iowa affirms exclusion of three experts in Dursban case
The Court of Appeals of Iowa recently affirmed the exclusion of three expert witnesses in a toxic tort case (Junk v. Obrecht) involving birth defects resulting from “Dursban”, a widely used pesticide....
View ArticleIndustrial hygiene expert witness held admissible after Seventh Circuit remand
In this post, the EWG Editorial Team follows up on the case of Schultz v. Glidden Co. n/k/a Akzo Nobel Paints LLC, where previously an oncology expert witness was erroneously excluded by the Wisconsin...
View ArticleAnother environmental expert witness admitted in Virgin Island CERCLA lawsuit
As we track the multi-count environment pollution lawsuit filed by the Commissioner of the Virgin Islands Department of Planning and Natural Resources, Alicia Barnes, along with the Government of the...
View ArticleFederal Circuit rules in favor of Twitter, denying Plaintiff’s motion for...
The Federal Circuit recently upheld and affirmed Delaware District Court’s decision in the case of Cooper Notification Inc. v. Twitter Inc. saying “denial of assignee’s request for supplemental...
View ArticleExcluded for offering legal conclusion: a business law expert witness this time
The latest addition in the never-ending stream of experts offering legal conclusions is a business law expert witness, who got excluded by the Colorado District Court in the insurance case of Bagher v....
View ArticleForensic economics expert witness used unreliable methodology to give...
In a recent ruling on Smith v. Jenkins, the United States Court of Appeals for the First Circuit held the Plaintiff’s forensic economics expert witness to have been improperly admitted by the...
View ArticleResignation by an expert does not render a pending Daubert challenge moot:...
A reliable methodology and a firm factual foundation are two of the most essential prerequisites in any expert witness testimony. The Second Circuit Court’s decision to affirm the exclusion of the...
View ArticleFour expert testimonies allowed in Goodyear Dunlop Tires’ product liability case
The Alabama District Court recently reviewed four expert witness testimonies from various disciplines in the case of Henderson v. Goodyear Dunlop Tires North America, Ltd. and scheduled a pretrial...
View ArticleForensic interviewing expert witness testimony puts sex offender behind bars...
Relying on an FBI forensic interviewing expert witness and noting the Defendant’s lengthy criminal history, the Ninth Circuit recently affirmed Montana district court’s decision in the case of U.S. v....
View ArticleEducation triumphs over experience in excluding a product liability expert...
Although Rule 702 permits expert testimonies by witnesses who are qualified by knowledge, skill, experience, training OR education, the Georgia District Court seems to put maximum weightage on the...
View ArticleLaw enforcement expert witness cannot be admitted under Rule 701: Sixth Circuit
The Sixth Circuit has remanded the case of U.S. v. Freeman back for new trial as Michigan district court erroneously admitted a law enforcement expert witness testimony under Rule 701. The prosecution...
View ArticleExpert Witness challenge rulings in the final round of the Apple-Samsung...
As the latest installment of Apple vs. Samsung mega war started off yesterday, two pre-trial motions were ruled upon by Judge Lucy Koh on November 6 and 7, involving expert witnesses from both sides....
View ArticleVoice analysis expert testimony will not assist the trier of fact, says...
Pursuant to Federal Rule of Evidence 702, a witness may testify to scientific, technical, or other specialized knowledge if it helps the trier of fact to understand the evidence or to determine a fact...
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