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Articles by Zach Barreto

Securities Expert’s Analysis of Empirical Studies Excluded

Court: United States District Court for the District of Arizona Jurisdiction: Federal Case Name: Smilovits v. First Solar Inc. Citation: 2019 U.S. Dist. LEXIS 221424 The plaintiffs claimed that once the company revealed the product’s flaws to the public, the…

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Maritime Expert Witness’s Testimony Questioned for Speculation

Court: United States District Court for the Southern District of California Jurisdiction: Federal Case Name: Ocampo v. United States Citation: 2019 U.S. Dist. LEXIS 116618 The United States contracted NASSCO to work on repairs and maintenance. NASSCO subcontracted part of…

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Forensic Expert Witness Testimony Admitted Despite Relying on Out-of-Court Declarant’s Report

Court: United States Court of Appeals for the Armed Forces Jurisdiction: Federal Case Name: United States v. Katso Citation: 2015 CAAF LEXIS 588 The CCA held that the state’s forensic expert’s testimony violated the appellee’s Sixth Amendment rights because the testimony…

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Court Deems Airbag Expert Witness’s Testimony as Speculative

Court: United States District Court for the Middle District of Louisiana Jurisdiction: Federal Case Name: Weams v. FCA US L.L.C Citation: 2019 U.S. Dist. LEXIS 31242 The defendant argued the expert was unqualified to testify on this subject. Facts The…

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Building Code Expert Witness’s Inspection Questioned Over Building Code Rules

Court: United States District Court for the Southern District of Florida, Miami Division Jurisdiction: Federal Case Name: Royale Green Condo Ass’n v. Aspen Specialty Ins. Co Citation: 2008 U.S. Dist. LEXIS 48334 The plaintiff complained about the expert’s inability to…

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Defense Counsel Claims Accident Reconstruction Expert Witness’s Testimony Exceeds Their Expertise

Court: United States District Court for the Western District of Texas, El Paso Division Jurisdiction: Federal Case Name: Duarte v. St. Paul Fire & Marine Ins. Co. Citation: 2016 U.S. Dist. LEXIS 195102 The defendants—the driver, his employees, and the…

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Orthopedic Surgery Expert Witness Opines on Injuries in Excessive Force Case

Court: United States Court of Appeals for the Fifth Circuit Jurisdiction: Federal Case Name: Plaintiff 1 v. Thibodaux City Citation: 887 F.3d 726 The defendants retained an orthopedic surgery expert witness to opine on the plaintiffs’ chronic pain. However, the…

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Dentistry Expert Witness’s Opinion Admissibility Depends on Reliance on Other Expert’s Opinion

Court: United States District Court for the Western District of Kentucky, Louisville Division Jurisdiction: Federal Case Name: Momeni-Kuric v. Metro. Prop. & Cas. Ins. Co. Citation: 2019 U.S. Dist. LEXIS 125794 The plaintiff hired the dentistry expert witness to opine…

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Aerospace Engineering Expert Testimony on Helicopter Crash Admitted per Reliance on Scientific Literature

Court: United States District Court for the Middle District of Alabama, Southern Division Jurisdiction: Federal Case Name: Ferguson v. Lear Siegler Servs. Citation: 2012 U.S. Dist. LEXIS 42342 The defendant argued the expert lacked the right experience for the case and…

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Previous Qualification Standards for Vocational Experts Leads to Expert’s Testimony Being Admitted

Court: United States District Court for the District of South Carolina, Charleston Division Jurisdiction: Federal Case Name: Moore v. BPS Direct, LLC Citation: 2019 U.S. Dist. LEXIS 112320 The defendants argued the expert’s testimony was unreliable because it was speculative.…

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