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Articles by Zach Barreto

Computer Forensics Expert Can Opine on a Software’s Diagnostic Function Without Referencing Industry Standards

Court: United States District Court for the Northern District of Illinois, Eastern Division Jurisdiction: Federal Case Name: Beaton v. SpeedyPC Software Citation: 2017 U.S. Dist. LEXIS 209666 Facts In this case involving a breach of implied warranties, the plaintiff sued…

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Forensic Experts May Opine on Pharmacology of Drug Overdoses – Not General Pharmacology

Court: United States District Court for the Southern District of Ohio, Eastern Division Jurisdiction: Federal Case Name: In re Ohio Execution Protocol Litig. Citation: 2019 U.S. Dist. LEXIS 137878 Facts This case involves a capital civil action for deprivation of…

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Lack of FINRA License Does Not Exclude Accounting Expert From Fraudulent Transfer Case

Court: United States Bankruptcy Court for the Middle District of Florida, Orlando Division Jurisdiction: Federal Case Name: Sec. Investor Prot. Corp. v. N. Am. Clearing, Inc. Citation: 2012 Bankr. LEXIS 2041 Facts The plaintiff, a trustee of the debtor, a…

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Court Allows Marine Engineering Expert to Apply OSHA Regulations to Coast Guard Barge Inspection

Court: United States District Court for the Eastern District of Louisiana Jurisdiction: Federal Case Name: Rhodes v. Genesis Marine, LLC of Del. Citation: 2019 U.S. Dist. LEXIS 120614 Facts The plaintiff was injured while working as a marine electrician for…

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Asbestos Expert Witness Considered Reliable For Using EPA-Approved Testing Methods

Court: United States District Court for the Western District of Washington Jurisdiction: Federal Case Name: Jack v. Borg-Warner Morse TEC LLC Citation: 2018 U.S. Dist. LEXIS 135424 Facts The plaintiffs brought this case on behalf of the decedent who developed…

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Court Finds Expert Ipse Dixit Insufficient to Explain Repair Costs in Construction Defect Case

Court: Court of Appeals of Texas. Tenth District, Waco Jurisdiction: Federal Case Name: Royce Homes, L.P. v. Neel Citation: 2005 Tex. App. LEXIS 1514 Facts The plaintiffs purchased a home built by the appellants and moved in ahead of completion.…

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Chemistry Expert Witness Unqualified To Opine On Insurance Matters In Warehouse Fatality Case

Court: United States District Court for the Southern District of Georgia, Augusta Division Jurisdiction: Federal Case Name: Evanston Ins. Co. v. Xytex Tissue Servs., LLC Citation: 2019 U.S. Dist. LEXIS 51668 Facts The defendant was a company that stored biological…

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Court of Appeals Remands Telecommunications Case Finding 3 Expert Witnesses Violate Code of Civil Procedure

Court: Court of Appeal of Louisiana, First Circuit Jurisdiction: Federal Case Name: CamSoft Data Sys. v. Southern Elecs. Supply, Inc. Citation: 2019 La. App. Unpub. LEXIS 199 Facts This issue involves an appeal from Dell, Inc., and Dell Marketing, L.P.…

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Court Excludes Forensic Pathology Expert With History of Offering “Junk Science” Testimony

Court: Supreme Court of Wyoming Jurisdiction: Federal Case Name: Nielson v. State Citation: 2018 WY 132 Facts The appellant was found guilty of first-degree felony murder for causing the death of a 3-year old child. The child was admitted to…

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Electrical Engineering Expert Testimony Found Reliable In Lithium Battery Fire Case

Court: United States District Court for the District of Central California Jurisdiction: Federal Case Name: Glassman v. Home Depot USA, Inc. Citation: 2018 U.S. Dist. LEXIS 122842 Facts In this product liability case, the plaintiffs alleged that a lithium-ion battery…

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