Summary: Biomechanics Expert Witness allowed to testify in part even though the plaintiff argued that the experts testimony should be excluded because a model of a head was different than the head of the plaintiff. Facts: This case (Rogers, Steven et al v. K2 Sports USA et al – United…
Articles Posted in Daubert Shorts
Daubert Shorts – Case Summaries of Recent Daubert Opinions
In Butler v. Home Depot U S A Inc et al (United States District Court – Western District of Louisiana – April 23rd, 2018), the plaintiff was struck by a wooden gate that was bumped by a forklift while shopping at the defendant’s store. Her lower back, neck, and right…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
SEC v. Revelation Capital Mgmt., Ltd – United States District Court – Southern District of New York – July 8th, 2016 – This case involves a short sale of securities. The plaintiff (SEC) claims that the defendant (Revelation) violated Rule 105 of Regulation M which prohibits a person from…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Hamlett v. Carroll Fulmer Logistics Corp – United States District Court – Southern District of Georgia – April 6th, 2016 – This is a personal injury case involving an accident between a motorcycle and truck. The plaintiffs (Hamlett) sued the defendants for compensatory and punitive damages as well as…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
InternMatch, Inc. v. Nxtbigthing, LLC – United States District Court – Northern District of California – March 28th, 2016 – In this trademark infringement case, the defendants have filed a motion to exclude the testimony of Joseph A. Greco, P.E. (electrical engineering expert witness). Mr. Greco was called as an…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Trask v. Olin Corp – United States District Court – Western District of Pennsylvania – March 28th, 2016 – This is a products-liability case in which a Winchester Model 94 rifle was claimed to have fired accidentally, injuring two of the Plaintiffs. The defendants (Olin) filed a Daubert motion to exclude…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
This case – (STATE OF OHIO v. JUDITH I. HAWKEY – COURT OF APPEALS OF OHIO – THIRD APPELLATE DISTRICT – March 28th, 2016) involves the conviction of the appellant (Hawkey). She appeals the life in prison sentence imposed on her by the Defiance County Common Pleas Court. Hawkey was…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Stewart v. Capital Safety USA – United States District Court – Western District of Louisiana – March 18th, 2016 – In this products liability case, the plaintiffs filed suit under the e Louisiana Products Liability Act. They allege that Defendant (Capital Safety USA) is at fault for the death of Ty…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Rish v. Simao – Nevada Supreme Court – March 17th, 2016 – This case involves a “low-impact” accident between two automobiles. After the accident, Simao brought suit against Rish for damages to cover the cost of injuries. At the district court level, Simao filed a motion to exclude any testimony by…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Smart v. BNSF Railway Co. – Court of Appeals of the State of Kansas – March 4th, 2016 – This case involves a work-related injury filed under the Federal Employers’ Liability Act. The Appellee (smart) appeals an order from the district court which granted summary judgment for the Appellant (BNSF).…