Mm Steel, LP v. JSW Steel (USA), Inc – United States Court of Appeals For The Fifth Circuit – November 25th, 2015 – This is an appeal of a district court opinion related to the Sherman Act and the steel industry. The plaintiff’s claim that the steel distributors formed…
Articles Posted in Daubert Shorts
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
ALBERT E. GUCKER Plaintiff, v. UNITED STATES STEEL CORPORATION – United States District Court – Western District of Pennsylvania – November 23rd 2015 – This is an employment discrimination case for violation of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Pennsylvania Human Relations…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Bickham v. Coca Cola Refreshments USA, Inc. – United States District Court – Southern District of New York – November 18th, 2015 – This case involves a negligence claim against Coca Cola related to an object allegedly swallowed during the ingestion of a soft drink. The plaintiff hired Darrel Suderman,…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Bruska v. Bunting Bearings – United States District Court – District of Minnesota – November 17th, 2015 – In this products liability case involving automobile brakes, the defendants’ challenge the expert witness testimony of James Brusso, a metallurgy expert witnesses. They argue that his testimony is unreliable, over speculative and not…
Daubert Shorts
A summary of recent Daubert opinions. Ponce v. Mountaineers – Court of Appeals of Washington – Division One – November 2, 2015 – This case involves a sledding accident. The plaintiffs appeal a lower court opinion which allowed the defendant’s sports and recreation expert witness, Chris Stoddard. They claim that…
Daubert Shorts
Sargent v. Commonwealth – United States District Court – Middle District of Pennsylvania – October 26th, 2015 – This case involves an alleged use of excessive force by an arresting policeman. The plaintiff hired R. Paul McCauley, a deadly/excessive force expert witnesses. The defendant challenged Dr. McCauley should not be allowed to…
Daubert Shorts
Terrebonne Parish NAACP et al v. Jindal et al – United States District Court – Middle District of Louisiana – October 18th, 2015 – This case involves at-large voting in a judicial district in Louisiana, possibly violating the Voting Rights Act of 1965. The defendants hired three experts to assist in…
Daubert Shorts
Dillon v. Auto-Owners Insurance Company – United States District Court – District of Colorado – October 21st, 2015 – In this case involving an automobile accident, the plaintiff filed suit against defendant’s insurance company. The defendant seeks to exclude the testimony of Neuropsychology expert witness Janet Lemon, Phd on causation grounds.…
Daubert Shorts
Century Indemnity Company v. The Marine Group, LLC et al – United States District Court – District of Oregon – October 13th, 2015 – In this environmental cleanup case, the testimony of insurance expert witnesses Robert Hughes and Dennis Connolly were challenged on grounds of inadmissible legal conclusions and qualifications. The…
Daubert Shorts
Here are some recent challenges to expert witness testimony in federal and state courts: Danielides v. Northrop Grumman Corporation (Illinois Northern District Court – October 8th, 2015) – Expert Ronald Flom, a retired U.S. Army Colonel, was excluded from testifying as a government procurement expert. Mcdaniel v. Kidde Residential &…