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Articles by Zach Barreto

Defense Questions “Simplistic” Economic Expert Witness Calculations

Court: United States District Court for the Southern District of Texas, Houston Division Jurisdiction: Federal Case Name: DHI Grp., Inc. v. Kent Citation: 2019 U.S. Dist. LEXIS 133487 The economic expert witness, retained by the plaintiffs, calculated the cost of…

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Construction Management Expert Witness Methodology Included Despite Report Inaccuracies

Court: United States Bankruptcy Court for the Middle District of Florida, Jacksonville Division Jurisdiction: Federal Case Name: Westminster Assocs., Ltd. v. Orkin Exterminating Co. (In re Westminster Assocs.) Citation: 265 B. R. 329 Using sketches from the plaintiff’s entomology expert…

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Human Factors Expert Witness Opinion Only Partly Excluded Due to Accident Reconstruction

Court: United States District Court for the District of Kansas Jurisdiction: Federal Case Name: Belisle v. BNSF Ry. Co. Citation: 697. F. Supp. 2d 1233 In addition to human factors topics including response time, the expert’s testimony also discussed accident…

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Court Examines Child Abuse Expert’s Methodology Following Defendant’s Abuse of Discretion Claim

Court: Court of Appeals of Michigan Jurisdiction: Federal Case Name: People v. Ortiz Nieves Citation: 2019 Mich. App. LEXIS 7367 In a murder case, the defendant claims abuse of discretion. The motion focuses on the trial court admitting the testimony…

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Premise Liability Expert Testimony Precluded for Unreliable Methodology and Lack of Specialized Knowledge

Court: United States District Court for the Northern District of Oklahoma Jurisdiction: Federal Case Name: Woods v. Ross Dress for Less, Inc. Citation: 2019 U.S. Dist. LEXIS 154618 The defendant attempted to exclude the expert’s testimony for insufficient qualifications and…

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Maritime Expert Witness Opinion Found Unhelpful Due to Unreliable Photographs

Court: United States District Court for the Eastern District of Louisiana Jurisdiction: Federal Case Name: O’Bryant v. Gray Ins. Co Citation: 2017 U.S. Dist. LEXIS 172275 The plaintiff sued the defendant for unsafe conditions for the shower stalls. They retained…

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Insurance Expert Witness Testimony Admitted Despite Trial Court’s Decision to Exclude

Court: Court of Appeals of Texas, Fourth District, San Antonio Jurisdiction: Federal Case Name: In re Ebin Citation: 2019 Tex. App. LEXIS 9856 The public adjuster hired by the realtors had a higher repair estimate than the insurance carrier. As…

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Building Code Expert Witness Testimony Partly Excluded for Lack of Interpretation Experience

Court: United States District Court for the Northern District of Illinois, Eastern Division Jurisdiction: Federal Case Name: Schnur v. Kohl’s Dep’t Stores, Inc. Citation: 2010 U.S. Dist. LEXIS 125 In this negligence case, the plaintiff reportedly suffered injuries on the…

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Geology Expert’s Report Contradicts Another Expert’s Land Value Appraisal

Court: United States District Court for the District of Nevada Jurisdiction: Federal Case Name: United States v. 400 Acres of Land Citation: 2019 U.S. Dist. LEXIS 148130 The plaintiff’s geology expert opines on mineral resource calculations in order to determine…

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Copyright Expert Witness Excluded for Lack of Expertise

Court: United States District Court for the Northern District of Georgia, Atlanta Division Jurisdiction: Federal Case Name: Durkin v. Platz Citation: 2013 U.S. Dist. LEXIS 13953 The plaintiffs and defendants partnered to write a screenplay. However, the contract between the…

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