Trial court had admitted expert witness testimony of officer who used HGN (Horizontal Gaze Nystagmus) to arrest defendant of driving while impaired. The appeals court overturned the opinion and ordered a new trial. Facts – This case (State of North Carolina v. William Edward Godwin, III – Court of Appeals…
Hamlett v. Carroll Fulmer Logistics Corp – United States District Court – Southern District of Georgia – April 6th, 2016 – This is a personal injury case involving an accident between a motorcycle and truck. The plaintiffs (Hamlett) sued the defendants for compensatory and punitive damages as well as…
InternMatch, Inc. v. Nxtbigthing, LLC – United States District Court – Northern District of California – March 28th, 2016 – In this trademark infringement case, the defendants have filed a motion to exclude the testimony of Joseph A. Greco, P.E. (electrical engineering expert witness). Mr. Greco was called as an…
Trask v. Olin Corp – United States District Court – Western District of Pennsylvania – March 28th, 2016 – This is a products-liability case in which a Winchester Model 94 rifle was claimed to have fired accidentally, injuring two of the Plaintiffs. The defendants (Olin) filed a Daubert motion to exclude…
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).…