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Articles by Zach Barreto

Supervising HVAC Workers Does Not Constitute Sufficient Expert Experience Under Daubert

Court: Court of Appeals of Michigan Jurisdiction: Federal Case Name: Brooklyn Plumbing Heating & Air Conditioning v. Aiello Citation: 2010 Mich. App. LEXIS 582 Facts The plaintiffs bought a cottage which had heating, ventilation, plumbing, and air conditioning (HVAC) system…

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Testimony From Insurance Company’s Structural Engineering Expert Fails “General Acceptance” Test

Court: United States District Court for the Northern District of Illinois, Eastern Division Jurisdiction: Federal Case Name: CXA Corp. v. Am. Family Ins. Co. Citation: 2017 U.S. Dist. LEXIS 192773 Facts After the plaintiff’s roof collapsed, they submitted an insurance…

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Court Excludes Expert for Assessing OSHA Compliance Instead of ANSI

Court: United States District Court for the District of Minnesota Jurisdiction: Federal Case Name: Wing Enters. v. Tricam Indus. Citation: 2019 U.S. Dist. LEXIS 113579 Facts The parties produced competing brands of articulated ladders. The plaintiff brought this complaint claiming…

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IT Expert Successfully Identifies Class of Armed Servicemen Using Defendant Bank’s Data

Court: United States District Court for the Eastern District of North Carolina, Western Division Jurisdiction: Federal Case Name: Childress v. JPMorgan Chase & Co. Citation: 2019 U.S. Dist. LEXIS 110396 Facts The plaintiffs filed this class certification lawsuit claiming damages…

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Plaintiffs Cause Exclusion of Their Environmental Expert by Failing to Respond to Motion in Limine

Court: Supreme Court of Appeals of West Virginia Jurisdiction: Federal Case Name: Campbell v. CSX Transp., Inc. Citation: 2019 W. Va. LEXIS 407 In this case, the petitioners’ appeal against the exclusion of their environmental expert witness was not considered…

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Drug Trafficking Litigation: IT Expert Qualified to Conduct Forensic Exam of Confiscated Devices

Court: United States District Court for the District of Kansas Jurisdiction: Federal Case Name: United States v. Reulet Citation: 2015 U.S. Dist. LEXIS 161540 Facts The defendants were charged with trafficking conspiracy in controlled substances and controlled substance analog as…

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Insurance Broker Experts Not Permitted to Opine on What Constitutes a Breach of Fiduciary Duty

Court: United States District Court for the Eastern District of Missouri, Eastern Division Jurisdiction: Federal Case Name: J.E. Jones Constr. Co. v. Marsh USA, Inc. Citation: 2008 U.S. Dist. LEXIS 41956 Facts The plaintiffs developed a subdivision and appointed one…

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Fraud Expert Witness Permitted to Interpret Slang Terminology Captured on Undercover Footage

Court: United States Court of Appeals for the Eleventh Circuit Jurisdiction: Federal Case Name: United States v. Delva Citation: 2019 U.S. App. LEXIS 12856 Facts Following an undercover federal investigation, the defendants were convicted of seven identity theft and tax…

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Civil Engineering Expert Witness Investigates Headlight Use in Fatal Drunk Driving Case

Court: Court of Appeals of Arizona, Division One Jurisdiction: Federal Case Name: Fisk v. Hurricane AMT LLC Citation: 2018 Ariz. App. Unpub. LEXIS 970 Facts This wrongful death claim involves a fatal car accident caused by an intoxicated driver. The…

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Court Precludes Detainee from Testifying as his own Plumbing Expert Witness

Court: United States District Court for the District of Oregon, Pendleton Division Jurisdiction: Federal Case Name: Brown v. Union County Citation: 2018 U.S. Dist. LEXIS 114320 The plaintiff’s testimony was excluded, as he relied only on smelling the drain in…

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