Plaintiff’s expert was to opine on the social framework of stereotyping, but was disallowed by judge based on general observations and unfounded speculation. Facts: This case (Kristen Stromberg Childers, Ph.D v. Trustees of the University of Pennsylvania – United States District Court – Eastern District of Pennsylvania – March 21st, 2016)…
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…
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).…
Appellant appeals an order convicting him of first degree murder stating that, among other issues, the district court erred when it excluded his expert witness. The Nebraska Supreme Court affirmed the district court opinion. Facts: This case (State of Nebraska, appellee, v. Steven R. Braesch, appellant – Nebraska Supreme Court – March…
Plaintiffs sued for unlawful dumping of toxic industrial waste in the Dominican Republic. 19 combined Daubert motions have been filed by the parties. Two of them have been decided recently. Facts: This case (Anajai Calcano Pallano, et al., v The AES Corportation, et al.) involves the alleged illegal dumping of industrial…
Plaintiff sued manufacturer of trash conveyor for numerous allegations, including design defect, after being injured while utilizing the machine on the job. The Plaintiff hired Roelof H. deVries to provide expert witness testimony on her behalf. Defendant filed a motion to exclude this testimony. The court granted the motion in part…
Hernandez v. City of Findlay – United States District Court – Northern District of Ohio – February 12th, 2016 – In this case of alleged excessive force by a policeman, the Plaintiff hired Andrew J. Scott, III as a police procedures expert witness. The defense challenged this testimony on reliability…
Plaintiff sued her doctor after her common bile duct was clipped during surgery to remove her gall bladder. The Circuit Court excluded the testimony of her expert witness and the appeals court overturned the ruling. Now, the Supreme Court reversed the judgment of the appeals court and reinstated the opinion of…
Software expert was hired to provide testimony into the calculation of damages in a breach of license agreement. The Defendant filed a motion to exclude the expert witness testimony under Daubert. Facts: This case (SAS Institute Inc. v. World Programming Limited – United States District Court – Eastern District of…
Prisoner in correctional facility sued officers and nurse for injuries sustained after a gunshot wound. The Plaintiff hired a pain management doctor to supply expert witness testimony. The court allowed most of this testimony. Facts: In this case (Gomez v. Palmer, et. al – United States District Court – Northern District…