Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony

by Steven Cohen

McCrary v. John W. Stone Oil Distributor, L.L.C. – United States District Court – Eastern District of Louisiana – February 26th, 2016 – This is a personal injury case where a seaman was injured during his workday on a boat operated by Defendants. The Plaintiff hired Captain James Jamison as an admiralty & maritime expert witnesses to provide testimony. The Defendant filed a motion to exclude the testimony based on unreliability. The court denied the motion.
Fond du Lac Bumper Exchange Inc v. Jui Li Enterprise Company Ltd et al – United States District Court – Eastern District of Wisconsin – February 26th, 2016 – In this antitrust litigation involving direct purchasers and indirect purchasers of aftermarket sheet metal products, the Plaintiffs have hired Dr. Russell Lamb (economics expert witness) to prove the elements needed to prove class certification. The Defendants filed a motion to exclude this testimony stating that Dr. Lamb used flawed methodology. The court denied the motion.
Releford v. City of Houston – United States District Court – Southern District of Texas – February 29th, 2016 – This case involves the fatal shooting of a man by a police officer. The man’s estate filed suit, alleging civil rights violations. The Plaintiff hired William Rathburn, a law enforcement expert witness, to provide testimony on police procedures and the Defendants filed a motion to exclude the testimony, based on qualifications and reliability. The court denied the motion.
Qube Films Ltd. v. Padell – United States District Court – Southern District of New York – March 1st, 2016 – In this case involving a contract dispute over the funding of a movie, the Plaintiffs have filed a motion to exclude the Defendants expert witnesses’ testimony. The Defendant’s expert witnesses are Dr. William Bar (neuropsychology expert witness) and Dr. Alan Hausknecht (neurology expert witness). The Plaintiffs argue that the testimony of these experts is not founded on scientific foundation or methodology. The court disagreed and denied the motion to exclude.