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Articles by Zach Barreto

Forklift Expert Witness Permitted to Testify Despite Failure to Inspect the Vehicle in Question

Court: United States District Court for the District of Connecticut Jurisdiction: Federal Case Name: Wasilewski v. Abel Womack, Inc. Citation: 2014 U.S. Dist. LEXIS 26616 Facts The plaintiff, a licensed forklift driver at a Rite Aid distribution center, suffered injuries…

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Ethics Expert Witnesses May Not Question the Integrity of Opposing Experts Without Relevant Training

Court: United States District Court for the Northern District of Illinois, Eastern Division Jurisdiction: Federal Case Name: Obrycka v. City of Chicago Citation: 2012 U.S. Dist. LEXIS 128201 Facts The plaintiff brought this suit against the defendant city and its…

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Court Limits the Conclusions Firearms Experts May Draw Using Toolmark Analysis

Court: United States District Court for the Eastern District of New York Jurisdiction: Federal Case Name: United States v. Shipp Citation: 2019 U.S. Dist. LEXIS 205397 Firearms expert witnesses are permitted to use toolmark analysis and discuss such methodology, however,…

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Premise Liability Expert Excluded for Failing to Inspect the Premises in Question

Court: United States District Court for the District of Nevada Jurisdiction: Federal Case Name: Millan v. Cardenas Mkts., Inc. Citation: 2017 U.S. Dist. LEXIS 145996 The plaintiff attempts to argue that even though the expert did not inspect the site…

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Medical Producer Attempts to Exclude Former Consultant From Testifying as Plaintiff’s Expert Pharmacist

Court: United States District Court for the Eastern District of Pennsylvania Jurisdiction: Federal Case Name: Terry v. McNeil-PPC, Inc. (In re Tylenol (Acetaminophen) Mktg., Sales Practices & Prods. Liab. Litig.) Citation: 2016 U.S. Dist. LEXIS 99176 Facts In this case…

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Bank Fails After Purchasing $2 Billion in Residential Mortgage-Backed Securities

Court: United States District Court for the Western District of Texas, Austin Division Jurisdiction: Federal Case Name: FDIC v. RBS Sec., Inc. Citation: 2019 U.S. Dist. LEXIS 48586 Facts Guaranty Bank bought residential mortgage-backed securities from the defendant for $2.1…

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Occupational Therapy Expert Exclusion Held After Plaintiff Fails to Provide Adequate Record of Error

Court: United States Court of Appeals for the Tenth Circuit Jurisdiction: Federal Case Name: Neiberger v. FedEx Ground Package Sys. Citation: 2009 U.S. App. LEXIS 11161 The plaintiff’s appeal for review of the district court’s refusal to allow the testimony…

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Relying on Personal Experience and Industry Manuals Constitutes Sufficient Methodology for Police Experts

Court: United States District Court for the Northern District of New York Jurisdiction: Federal Case Name: Montanez v. City of Syracuse Citation: 2019 U.S. Dist. LEXIS 152674 Facts The plaintiff brought this sexual assault action against the defendant city. The…

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Court Denies Motion to Exclude Finance Expert Who Defendants Misapprehend as a Damages Expert

Court: United States District Court for the Western District of Washington Jurisdiction: Federal Case Name: Top Notch Sols., Inc. v. Crouse & Assocs. Ins. Brokers Citation: 2019 U.S. Dist. LEXIS 165085 Facts The defendants filed a motion to exclude the…

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Kelly / Frye Rule Does Not Apply to Psychology Expert Opinions in Sexual Misconduct Litigation

Court: Court of Appeal of California, Fourth Appellate District, Division One Jurisdiction: Federal Case Name: People v. Van Druten Citation: 2019 Cal. App. Unpub. LEXIS 6726 The defendant’s motion to exclude testimony from the plaintiff’s psychology expert witness testimony regarding…

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