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…
Appellant was injured at her son’s school after falling from a fence surrounding a baseball complex. She sued the school for negligence and lost. She subsequently filed an appeal. Facts: This case (Gutchewsky v. Westside Community Schools – Nebraska Court of Appeals – March 17th, 2015) involves a negligence charge…
A pediatrician testified as to the medical causation of lead-paint exposure. After a circuit court excluded this testimony, the plaintiff’s appealed. The appeals court reversed this decision. Facts: This negligence case (Jakeem Roy v. Sandra B. Dackman, et al – Maryland Court of Appeals – October 16th, 2015) involves lead…
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…
Four experts testified in a products liability case involving a hot tub. One, an expert in pest management, opined about rodents chewing on electrical wires, which may have caused the fire. This case (Merrimack Mutual Fire Ins Co v. Watkins Manufacturing Company et al – Connecticut District Court – May…
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 –…
Defendants hired an attorney with three decades of handling insurance cases as an expert. Plaintiff’s challenged and the motion was granted. Facts: This case (Lopez et al v. Allstate Fire & Casualty Insurance Company – United States District Court – Southern District of Florida – September 23rd, 2015) involves a…
In a medical malpractice case, the defendant, an anesthesiologist, asked to testify as an expert in radiology. The trial court excluded his testimony and the appeals court upheld the opinion. Facts: This case (Abramowich v. Albert – Superior Court of Pennsylvania – September 18th, 2015) involves a medical malpractice action and…