This case – (STATE OF OHIO v. JUDITH I. HAWKEY – COURT OF APPEALS OF OHIO – THIRD APPELLATE DISTRICT – March 28th, 2016) involves the conviction of the appellant (Hawkey). She appeals the life in prison sentence imposed on her by the Defiance County Common Pleas Court. Hawkey was…
Plaintiff filed action against defendants for personal injuries sustained while vacationing at their resort. Plaintiff’s pool design expert was not allowed based on numerous Daubert factors. Facts: This case (Pierre v. Hilton Rose Hall Resort & Spa et al – United States District Court – Eastern District of New York…
Stewart v. Capital Safety USA – United States District Court – Western District of Louisiana – March 18th, 2016 – In this products liability case, the plaintiffs filed suit under the e Louisiana Products Liability Act. They allege that Defendant (Capital Safety USA) is at fault for the death of Ty…
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)…
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…
Smart v. BNSF Railway Co. – Court of Appeals of the State of Kansas – March 4th, 2016 – This case involves a work-related injury filed under the Federal Employers’ Liability Act. The Appellee (smart) appeals an order from the district court which granted summary judgment for the Appellant (BNSF).…
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…
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…
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…
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…