In two separate opinions, the court allowed the testimony of three witnesses in a patent dispute. Facts: This case (Emerson Electric Co. v. Suzhou Cleva Electric Applicance Co., Ltd. et al – September 30th, 2015) includes two opinions (here and here), both related to Daubert challenges. These opinions will be…
Plaintiff sued defendants related to a accident involving a boat and a drilling rig at sea. There were challenges to the numerous experts. Most of the challenges were denied, while a few scattered parts of motions were granted. Facts: This case (Shell Offshore Inc. v. Tesla Offshore, L.L.C. et al –…
The owner of a dog that was shot by a police officer sued for violation of his fourth amendment rights. The plaintiff called upon three witnesses to assist in his case. The challenge was mostly denied. Facts: This case (Branson v. Price et al – United States District Court –…
Two economic experts’ opinions on lost profits in suit against former employee were challenged by defense. The testimony was deemed allowable by the court. Facts: This case (Quantum Fitness Corporation et al v. Cybex International Inc. et al – United States District Court – Southern District of Texas – September 16th,…
Defendant in child sexual abuse case filed a motion to exclude the expert based on timeliness, relevance, and reliability. The motion for all three was denied. Facts: This opinion (United States of America v. Joseph D. Maurizio, Jr – United States District Court – District of Pennsylvania – September 8th,…
Appeals court affirms opinion of district court that experts’ testimony was not scientifically reliable. However, the court does set precedent on differential diagnoses to support general and specific causation. Facts: This case (C.W. and E.W., by Guardians and Next Friends Adele A. Wood and Jason A. Woon v. Textron, Inc-…
Insurance expert’s testimony in breach of contract and bad faith action were partially allowed (based on industry customs and practice) and partially denied (based on pronouncements of law). Facts: This case (Gebremedhin et al v. American Family Mutual Insurance Company – United States District Court – District of Colorado –…
District court excluded pharmacist expert witness testimony based on unreliable methodology. The Circuit court reversed. Facts: In this case (Shan Kovaly v. Wal-Mart Stores Texas, L.L.C. – United States Court of Appeals for the Fifth Circuit – August 12th, 2015), the plaintiff (Kovaly) was discharged from the hospital two days…
Expert witness called to testify in criminal prostitution case is allowed by federal district court. Appeals court confirms. Facts: This case (US v. Kevin Fuertes – United States Appeals Court for the Fourth Circuit – August 18th, 2015) involves the arrest and prosecution of two individuals (Fuertes and Ventura) who…
A circuit court’s allowance of expert witness testimony in hospital relocation case is confirmed on appeal. Facts: This case (Colbert County Northwest Alabama Health Care Authority d/b/a Helen Keller Hospital v. RegionalCare Hospital Partners, Inc., RCHP-Florence, LLC d/b/a North Alabama Medical Center, and the State Health Planning and Developmental Agency…