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…
Expert Witness Blog
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Brooks et al v. Caterpillar, Inc. – United States District Court – Western District of Kentucky – January 20th, 2016 – In this products liability case involving a coal mining accident, the Plaintiffs sued the Defendant claiming that the incident could have been avoided if a handle on a…
Pain Management Expert Witness Testimony Partially Allowed
Prisoner in correctional facility sued officers and nurse for injuries sustained after a gunshot wound. The Plaintiff hired a pain management doctor to supply expert witness testimony. The court allowed most of this testimony. Facts: In this case (Gomez v. Palmer, et. al – United States District Court – Northern District…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
Mendoza v. Lafarge North America, Inc. et al – United States District Court – Eastern District of Louisiana – January 13th, 2015 – In this personal injury case involving a motor vehicle and a cement-mixing truck, the plaintiff (Mendoza) has filed a motion to exclude the expert witness testimony…
Numerous Expert Witnesses Challenged in Negligence Case Involving Airplane Crash – Part 2 of 2
Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part. Facts: The facts in this case can be accessed in part 1 of this…
Numerous Expert Witnesses Challenged in Negligence Case Involving Airplane Crash – Part 1 of 2
This is part one of a two-part post on a lengthy and detailed opinion. Plaintiffs sued the manufacturer of the airplane they were on when it crashed. Both parties called numerous experts to assist in proving their case. The court denied most of the motions, but granted some in part.…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
In re: William and Myo Shears – United States District Court – Western District of Washington – January 4th, 2016 – This is an admiralty litigation involving a fire on a motor yacht. The petitioners initiated this case for Exoneration or Limitation of liability as they became aware that…
OB/GYN Experts Allowed in Medical Malpractice Case
The defendant challenged the standard of care and causation experts in this medical malpractice case. The court denied the motion to exclude the testimony of both witnesses. Facts: In this case (N.O. a minor et al v. Alembik et al – United States District Court – Eastern District of Virginia…
Numerous Experts Challenged in GM Ignition Switch Litigation
Seven experts proffered by the plaintiffs and three experts proffered by the defendants were challenged by the opposing parties. The court ruled that most of the objections go to the weight of the testimony and not the admissibility and, thus, both motions are denied in their entirety (with limited…
Daubert Shorts – Recent Opinions on Motions to Exclude Expert Witness Testimony
PHILLIP JACKSON BAILEY, Appellant, v. STATE OF ALASKA, Appellee – Alaska Court of Appeals – December 16th, 2015 – This case is an appeal of a first-degree murder conviction. The Appellant maintains that the trial court erred when it limited the testimony of his deadly/excessive force expert witnesses Donald Mann.…