In this title insurance dispute involving the construction of a ski resort in Idaho, the plaintiffs challenged the expert witness testimony of two experts. The court granted one motion to exclude in part and denied the other in full. Facts: This case (Stewart Title Guaranty Company v. Credit Suisse –…
The defendant hired an accountant to provide expert witness testimony on damages in this patent infringement case. The plaintiff filed a motion to exclude the testimony. Facts: This case (Deflecto, LLC v. Dundas*Jafine Inc. – United States District Court – Western District of Missouri – November 4th, 2015) involves patent…
Valdes v. Miami-Dade County et al – United States District Court – District of Southern Florida – November 6th, 2015 – This case involves an alleged violation of civil rights. The plaintiff sought to exclude the expert witness testimony of Dr. Jason Buchwald, a forensic & laboratory testing expert witness, based…
Both plaintiffs and defendants hired expert witnesses in this proposed class action. In one piece of the case, the defendants filed a motion to exclude the testimony of an expert in marketing. The court denied the motion. Facts: This consumer class action litigation (Suchanek et al v. Sturm Foods, Inc.…
Numerous defendants were indicted on various charges, including racketeering conspiracy. The Government alleges that the defendants were associated with a street gang and hired to experts to help prove their case. Facts: This case (United States of America v. Brandon Orr, et. al – United States District Court – Middle…
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…
Plaintiffs filed suit against bank arguing that the bank illegally foreclosed on their home. Defendants challenged their expert witness on mortgage servicing and the court granted the motion. Facts: This case (Wivell et al v. Wells Fargo Bank, N.A. et al – United Stated District Court – Western District of…
After a residence fire, the insurer filed suit against the manufacturer of a space heater. The defendant filed a motion to exclude the testimony of plaintiff’s explosions expert. The court denied the motion. Facts: This case (Erie Insurance Company v. Sunbeam Products, Inc – United States District Court – Southern…
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 &…
Father convicted of sexual abusing his daughter appeals an opinion of the lower court which disallowed expert witness testimony of psychiatrist. The appeals court upheld the opinions. Facts: This case (People v. Risenhoover – Court of Appeal of California, Fifth Appellate District – September 2nd, 2015) involves a father convicted…