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Articles by Zach Barreto

3 Reasons Why a First-Time Expert May Not Be Your Best Choice

Litigators often face a tough choice when selecting expert witnesses for a case. Should you work with a first-time expert—that is, someone with the right qualifications but no litigation experience? Or do you go with an experienced expert who has…

Posted on in Finding & Selecting Experts & FRE, Daubert, & Frye & Trial Tactics & Working with Experts

FINRA Expert Says Wells Fargo Fulfilled Fiduciary Duty Amidst Financial Crisis

Court: United States District Court for the District of Minnesota Jurisdiction: Federal Case Name: City of Farmington Hills Emps. Ret. Sys. v. Wells Fargo Bank Citation: N.A., 979 F. Supp. 2d 981 Facts A municipal employee retirement system, along with…

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Electrical Engineering Expert Investigates Fire Allegedly Sparked by Snowplow

Court: United States District Court for the Northern District of New York Jurisdiction: Federal Case Name: Argonaut Ins. Co. v. Samsung Heavy Indus. Co. Citation: 929 F. Supp. 2d 159 Facts This case involves determining the cause of a fire…

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Sports & Recreation Expert Challenged for Biomechanical Opinion of Basketball Court Injury

Court: United States District Court for the Eastern District of Pennsylvania Jurisdiction: Federal Case Name: Jones v. LA Fitness Int’l, LLC Citation: 2013 U.S. Dist. LEXIS 101747 Facts The plaintiff was playing basketball on an indoor court at a health…

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Laptop Battery Pack Allegedly Causes Fatal House Fire, Killing Teen

Court: United States District Court for the Eastern District of Wisconsin Jurisdiction: Federal Case Name: Gopalratnam v. Hewlett-Packard Co. Citation: 2017 U.S. Dist. LEXIS 40386 Facts The plaintiffs’ son bought an HP laptop that contained a battery pack manufactured by…

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Software Engineering Expert is Challenged for Proffering Alleged Legal Conclusions in Robocall Case

Court: United States District Court for the Southern District of Florida Jurisdiction: Federal Case Name: Eldridge v. Pet Supermarket, Inc. Citation: 2020 U.S. Dist. LEXIS 39100 Facts The plaintiff alleged that the defendant used an automatic telephone dialing system (ATDS)…

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Retail Safety Expert’s Experience From 50 Years Prior Fails to Stand in Daubert Challenge

Court: United States Court of Appeals for the Third Circuit Jurisdiction: Federal Case Name: Yazujian v. PetSmart Citation: 729 Fed. Appx. 213 Facts In the initial trial, the plaintiff alleged she slipped and fell on a water puddle in a…

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ATV Expert Report Contradicts Victim’s Account of 50 Foot Plunge in Off-Roading Accident

Court: United States District Court for the Middle District of Tennessee, Nashville Division Jurisdiction: Federal Case Name: Gummo v. Ward Citation: 2014 U.S. Dist. LEXIS 154040 In this case, the defendant moves to dismiss the plaintiff’s ATV expert’s testimony. The…

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Chemical Engineering Expert Permitted to Opine on Paper Mill Pollutants and Odor

Court: United States District Court for the Western District of Louisiana, Monroe Division Jurisdiction: Federal Case Name: Sadler v. Int’l Paper Co. Citation: 2014 U.S. Dist. LEXIS 59422 Facts This case involves alleged airborne pollution released from a paper mill.…

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Sports & Recreation Expert May Opine on Defective Flag Football Belt Despite No Prior Design Experience

Court: Civil Court of the City of New York, Kings County Jurisdiction: Federal Case Name: Delgado v. Markwort Sporting Goods Co. Citation: 2006 N.Y. Misc. LEXIS 685 This case highlights an expert specialty that arguably requires both technical and practical…

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