September 07, 2011

Lydia Rosenfeld v. Oceania Cruises, Inc.

Order Reversing and Remanding

In this opinion from the Eleventh Circuit Court of Appeals, the appellate court has agreed with Plaintiff and reversed and remanded the decision of the District Court denying Plaintiff’s motion for a new trial and refusing to allow Plaintiff’s expert to testify at trial.  The Eleventh Circuit found that the District Court abused its discretion in not allowing Plaintiff’s expert to testify at trial and that this refusal was harmful to the Plaintiff.  Accordingly, the appellate court reversed and remanded the case to the District Court for new trial wherein Plaintiff’s expert would be allowed to testify.

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