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)…
Articles Posted in Expert Witness Testimony
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…
Psychologist Expert Witness Testimony Excluded, Nebraska Supreme Court Affirms
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…
Admissibility of One Expert Testimony in Coal Ash Waste Litigation Partially Allowed; Other Testimony is Allowed
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…
Mechanical Engineer Expert Witness Testimony Partially Allowed
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…
Michigan Supreme Court Overturns Appeals Court Expert Testimony Ruling in Medical Malpractice Case
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…
Pain Management Expert Witness Testimony Partially Allowed
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…
Numerous Expert Witnesses Challenged in Negligence Case Involving Airplane Crash – Part 2 of 2
Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part. Facts: The facts in this case can be accessed in part 1 of this…
Numerous Expert Witnesses Challenged in Negligence Case Involving Airplane Crash – Part 1 of 2
This is part one of a two-part post on a lengthy and detailed opinion. Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part.…
Computer Technology Witness Not Allowed, Security Expert Allowed in Retail Privacy Case
A female sued a retail clothing store for negligence following an episode at the store. The plaintiff (Jane Doe) hired two experts to assist in her case, both of which were challenged by the defendant. The court granted the motion for her technology expert and denied the motion regarding her…