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Expert Witness Blog

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Toxicology Expert Article: Marijuana­ Impaired, or,  Just Cannabinoid Positive?

Toxicology Expert Witness John P. Bederka, Ph.D. of TOXICULL Associates writes in his article about the need for businesses,  governments,  legal  entities,  and  scientists to effectively evaluate the increasing prevalence of marijuana use.  He poses and analyzes many questions in the article, including the following: 1. Is there any relationships between blood THC v. brain THC? 2.How does the percent THC in the smoked marijuana cigarette relate to blood levels of THC in the user? 3.How does the blood level of THC relate to the perception of “high” in the user? 4.…

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

Martinez-Morales v. Martens – Supreme Court of Alaska – February 19th, 2016 – This case involves an accident in a parking lot where a car struck a pedestrian.  Rhonda Martens was found not negligent by a jury in the lower court.  Martinez-Morales appeals the opinion on numerous issues, one being…

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

  Hernandez v. City of Findlay – United States District Court – Northern District of Ohio – February 12th, 2016 – In this case of alleged excessive force by a policeman, the Plaintiff hired Andrew J. Scott, III as a police procedures expert witness.  The defense challenged this testimony on reliability…

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Cell Site Analysis Expert Witness Testimony Allowed

In this murder-for-hire case, the Government hired an expert in cell site analysis to provide testimony.  The Defendant filed a motion to exclude the testimony based on unsound scientific methodology.  The court denied the motion. Facts: This case (United States v. Walter Porter – United States District Court – Eastern…

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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…

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Causation Expert Testimony in Toxic Tort Exposure Case Not Allowed

Plaintiff claims that she was exposed to toxic substances while working for Defendant.  Defendant filed motion to exclude the testimony from her three expert witness.  The court granted the motion. Facts: This personal injury and wrongful death lawsuit (Konrick v. Exxon Mobil Corporation et al – United States District Court…

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

  Barclay v. State Farm Lloyds – United States District Court – Southern District of Texas – January 14th, 2016 – This lawsuit involves an insurance claim for foundation damage to a house.  Plaintiffs washing machine malfunctioned, causing water to leak into the garage causing the damage.  In order to…

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Hospitality Expert Witness Testimony Allowed

The Defendants filed a motion to exclude the testimony of Plaintiff’s hospitality expert witness based on the unreliability of his scientific methods.  The court denied this motion. Facts: This case (Atmosphere Hospitality Management, LLC v. Shiba Investments, Inc. et al – United States District Court – Western District of South…

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