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…
Expert Witness Blog
Admissibility of One Expert Testimony in Coal Ash Waste Litigation Partially Allowed; Other Testimony is Allowed
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…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
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…
Mechanical Engineer Expert Witness Testimony Partially Allowed
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…
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.…
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…
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…
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…
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…
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…