693 results for 'cat:"Experts"'.
J.Traver finds the trial court improperly dismissed this medical malpractice lawsuit in favor of the physician and medical institutes brought by a patient who allegedly failed to submit a corroborating expert affidavit from a board-certified gynecological oncologist. She did submit such an expert, and the trial court’s interpretation of the expert’s qualifications was incorrect. Both physicians are board-certified OB-GYNs and the patient complied with the prerequisites. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: May 17, 2024, Case #: 6D23-1413, Categories: experts, Medical Malpractice
J. Harris finds that the lower court properly found for the doctor in a medical malpractice suit stemming from internal bleeding caused by a gastric band removal and hernia repair surgery. The court reasonably declined to exclude the doctor's medical expert's testimony, especially as the patient did not object to the challenged testimony at the time it was offered at trial. Further, the jury was correctly instructed on the patient's damages due to the doctor's alleged negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Harris, Filed On: May 16, 2024, Case #: 230742, Categories: Jury, experts, Medical Malpractice
J. Poissant finds that the trial court improperly granted the hospital's motion to dismiss the health-care liability claim relating to alleged negligent care provided to a patient after gastrointestinal surgery. The patient's amended expert report sufficiently addressed the causation element as to the alleged injuries. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 16, 2024, Case #: 14-22-00873-CV, Categories: Health Care, experts
Per curiam, the appellate division finds that the lower court improperly denied the hospital's motion to dismiss a wrongful death action stemming from its treatment of a patient's skin ulcers. The family's expert's opinion is speculative as to how the skin ulcers led to the patient's death from pneumonia. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02751, Categories: experts, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly excluded the defendant tour company's expert disclosure because it was not accompanied by a written report containing the alleged false online reviews considered by the expert informing the opinion. The omission of this information prejudiced the plaintiff taxi tour companies' ability to respond to the expert's opinion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02760, Categories: Fraud, experts, Discovery
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J. Shelby partially grants the plaintiff chicken growers' motion to exclude certain expert testimony in this multidistrict litigation alleging that the defendant poultry companies suppressed grower pay in violation of the Sherman Act. In rebuttal to the plaintiffs' expert, the poultry science professor cannot provide an opinion on the expert's econometric analysis, but he can "provide industry background opinions" to rebut any factual assumptions.
Court: USDC Eastern District of Oklahoma, Judge: Shelby, Filed On: May 15, 2024, Case #: 6:17cv33, NOS: Antitrust - Other Suits, Categories: Antitrust, experts, Class Action
J. Koeltl grants the firm's motion to exclude the defendant lawyer's expert witness regarding the value of his interest in several of the firm's contingency matters. The lawyer's expert lacks the expertise to make the conclusions he reaches and his opinions are not helpful to the jury. However, the firm may not preclude the lawyer from testifying as a lay witness regarding his removal from the firm.
Court: USDC Southern District of New York, Judge: Koeltl, Filed On: May 15, 2024, Case #: 1:21cv1746, NOS: Other Contract - Contract, Categories: experts, Contract
J. Kamins finds the trial court properly excluded testimony from a defense expert because it was relevant as nonscientific evidence. Any error is unpreserved because defendant argued that the evidence was scientific before the trial court. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A179212, Categories: Evidence, experts
J. Cogburn denies two industrial heat transfer systems vendors’ motions to exclude expert testimonies in this second suit over trade secrets and patent law. The first vendor previously sued the second and both came to a settlement agreement, which the first now accuses the second of violating. Presently, although each party essentially argues that the other’s witness presents insufficient or misleading evidence, this is not true and both witnesses will be allowed to proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:21cv302, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, experts, Racketeering
J. Sessions denies the gun ownership entities and several Vermont residents’ motion to exclude the state’s expert witness in this civil rights lawsuit against the state and top officials alleging the certain gun laws are unconstitutional under the Second Amendment. The entities and residents’ challenge the relevance of the five expert witnesses, but the state seeks to introduce evidence on discrete issues. The court found that each testimony is relevant to the legal analysis and determinations on whether the laws are constitutional.
Court: USDC Vermont, Judge: Sessions, Filed On: May 14, 2024, Case #: 2:23cv710, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, experts, Firearms
J. McShan finds that the lower court properly convicted defendant of predatory sexual assault against a child and sexual abuse involving three alleged victims. Defendant contends the children's delay in disclosing the alleged abuse suggested fabrication, but they testified they were afraid of defendant, and expert witnesses credibly testified about the reasons minors may delay in reporting abuse. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: May 9, 2024, Case #: 110741, Categories: Evidence, experts, Child Victims
Per curiam, the appellate division finds that the lower court properly dismissed a negligence claim due to failure to prove a serious injury under the meaning of state insurance laws. Although the injured party offered an MRI scan to prove the injuries, a defense expert opined that the low impact of the accident in question could not have caused the claimed injuries, which rather appeared to be degenerative in nature. The medical records themselves contain no evidence of bodily limitations contemporaneous with the accident, but rather merely the report of a pain management doctor who examined the injured person years later. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02600, Categories: Negligence, experts
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: Tort, Vehicle, experts
J. Nardacci allows a biomechanical engineer to testify in a personal injury lawsuit over injuries suffered in a ski accident, finding the engineer is allowed to provide testimony regarding causation, including whether additional padding on the unmarked pole could have prevented, or at least reduced, the severity of her injuries. Additionally, the court allows both a ski safety expert and a non-treating orthopedist to provide testimony on behalf of the skiier, but reserves its decision on whether the physician can offer an opinion regarding whether the skiier will require a cesarian section to deliver any children she may have in the future.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: May 9, 2024, Case #: 1:20cv563, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, experts
J. Pena finds that the lower court properly denied the appellant’s dismissal motion pursuant to Chapter 74. The appellant contends that the plaintiff’s claim is a health care liability claim and that the expert report was not timely served. However, the complaint concerns the handling of a refund request after a surgery was not performed. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 9, 2024, Case #: 13-22-00508-CV, Categories: Health Care, experts, Contract
Per curiam, the appellate division finds that the lower court improperly dismissed a medical malpractice and ordinary negligence suit. At the nursing home facing the claim, registered nurses performed all patient assessments, so the claimant's nursing expert had the requisite experience to opine as to whether the fall in question could have been prevented. Further proceedings are needed since challenges regarding an expert's qualifications do not affect the admissibility of their testimony, but rather the weight it should be afforded. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02608, Categories: experts, Medical Malpractice
J. Tunheim grants the consumer and commercial indirect pork purchasers' and the direct pork purchasers' motions to certify classes in their antitrust action, and denies the port manufacturers' motions to exclude expert testimony of three experts. Each expert report satisfies the standard required for class certification, and all three classes satisfy the requirements of the civil procedure rules governing class actions.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust, experts, Class Action
J. Johnson finds that defendant was properly convicted of first degree rape of a juvenile under the age of 13. The victim testified that defendant, his mother's ex-boyfriend, sexually abused him when he was seven or eight years old, and that the abuse occurred when his mother was at work. Further, defendant did not challenge the state's intent to call a nurse as an expert to specifically address the issues of “general child sexual abuse, specifically addressing issues of delayed disclosure and the affect sexual abuse may have on children concerning delayed and partial disclosure." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 8, 2024, Case #: 23-KA-375, Categories: Evidence, Sex Offender, experts
J. Duffin denies the technology corporation's motion for summary judgment in a lawsuit from a pet distributor over a contract for the corporation to develop a new web portal for the distributor's services that the distributor says never functioned properly. Because it is supported by admissible lay testimony from the distributor's project team, most of the distributor's breach of contract claim does not necessarily require expert testimony and has enough substance to survive the corporation's motion.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: May 8, 2024, Case #: 2:22cv563, NOS: Other Contract - Contract, Categories: experts, Contract
J. Guidry denies competing requests by a maritime employer and its employee to exclude testimony by one another’s expert in a personal injury case. The steersman, who allegedly suffered a back injury while performing deck work on a tug and barge fleet, has sufficiently established his expert’s testimony is based on his expertise and experience as a boat captain and that his testimony will be helpful to the jury. Likewise, testimony by the towing company’s expert, also an experienced riverboat captain, will be helpful to the jury because the case involves maritime matters that can assist a layperson.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: May 8, 2024, Case #: 2:22cv237, NOS: Marine - Contract, Categories: Civil Procedure, Jury, experts
J. Aiken denies the families' motion to exclude expert Jim Dimas from its complaint that Governor of Oregon Tina Kotek and others run an underresourced foster care system that removes children from their parents' homes and does not provide stable housing for them. Dimas has over 40 years of experience working in, managing and directing human services agencies and his testimony includes what an effective remedy for this situation might look like.
Court: USDC Oregon, Judge: Aiken, Filed On: May 8, 2024, Case #: 6:19cv556, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, experts
J. Langholz finds that a doctor was improperly found liable for medical malpractice following an episiotomy performed during the birth of plaintiff's first child because the lower court improperly allowed information about suture sizes to be presented to the jury absent expert evidence supporting causation for that theory. Reversed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: May 8, 2024, Case #: 22-2048, Categories: experts, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly declined to declare the location of the border between the parties' properties, which effectively granted one owner a strip of land measuring barely four feet wide. The practical location of a boundary line and an agreement to it concludes the location of such a boundary so long as there is mutual acquiescence. The deeds in question clearly demarcate the adjoining properties and have been marked physically with a cinder block wall for over 10 years. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02519, Categories: experts, Medical Malpractice
J. Carr finds that defendant was properly convicted of sexual abuse and lascivious acts with a minor for raping his granddaughter. Defendant contends an expert witness improperly vouched for the victim's credibility, but the witness only generally testified that victims of child abuse display certain demeanors, without specifically vouching for the victim. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: May 8, 2024, Case #: 22-2033, Categories: Sex Offender, experts, Child Victims
J. Westbrooks finds the commission properly increased the former police officer's disability benefits and found she suffered an 80% loss in earning capacity after a near-death assault by a suspect. While testimony from the police department's physician attributed at least some of her PTSD to general work conditions, the testimony from an independent medical evaluator supported the increase in benefits. The commission was in the best position to determine witness credibility and because it did not completely disregard the evidence from the police physician, its decision was not against the weight of the evidence. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: May 7, 2024, Case #: 2022-WC-1050, Categories: Employment, experts, Workers' Compensation
J. Ellison finds that a homeowner whose house was damaged in a flood and now disputes the cost of the damages with his insurance company has not provided sufficient evidence on several of his claims. Many of the claims are based on the estimates of an insurance adjuster that the homeowner hired however the court grants the insurance company’s motion to strike the homeowner’s expert because the expert refuses to provide his resume or other qualifications. The insurance company’s own expert indicated that the damage compensation provided by the insurance company is inadequate to so a dispute of fact as to the cost of the damages exists. The homeowner’s claims based on his own repairs and the dispute of fact can proceed but the insurance company is granted summary judgment on all other claims.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 7, 2024, Case #: 4:23cv34, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, experts