Articles by Zach Barreto

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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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 plaintiff allegedly suffered injuries after falling outside the defendant’s store. To…

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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 This case involves a plaintiff who fell in a shower stall onboard a ship…

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