Here are some recent challenges to expert witness testimony in federal and state courts: Danielides v. Northrop Grumman Corporation (Illinois Northern District Court – October 8th, 2015) – Expert Ronald Flom, a retired U.S. Army Colonel, was excluded from testifying as a government procurement expert. Mcdaniel v. Kidde Residential &…
Four experts testified in a products liability case involving a hot tub. One, an expert in pest management, opined about rodents chewing on electrical wires, which may have caused the fire. This case (Merrimack Mutual Fire Ins Co v. Watkins Manufacturing Company et al – Connecticut District Court – May…
Defendant was convicted of first degree sexual abuse and subsequently appealed his conviction on two grounds, one on the court’s exclusion of his expert witness. The court confirmed the lower court opinion. Facts: This case (State of Oregon v. Juidd W. Miles – Court of Appeals of Oregon – August…
Father convicted of sexual abusing his daughter appeals an opinion of the lower court which disallowed expert witness testimony of psychiatrist. The appeals court upheld the opinions. Facts: This case (People v. Risenhoover – Court of Appeal of California, Fifth Appellate District – September 2nd, 2015) involves a father convicted…
In two separate opinions, the court allowed the testimony of three witnesses in a patent dispute. Facts: This case (Emerson Electric Co. v. Suzhou Cleva Electric Applicance Co., Ltd. et al – September 30th, 2015) includes two opinions (here and here), both related to Daubert challenges. These opinions will be…
Plaintiff sued defendants related to a accident involving a boat and a drilling rig at sea. There were challenges to the numerous experts. Most of the challenges were denied, while a few scattered parts of motions were granted. Facts: This case (Shell Offshore Inc. v. Tesla Offshore, L.L.C. et al –…
The owner of a dog that was shot by a police officer sued for violation of his fourth amendment rights. The plaintiff called upon three witnesses to assist in his case. The challenge was mostly denied. Facts: This case (Branson v. Price et al – United States District Court –…
Defendants hired an attorney with three decades of handling insurance cases as an expert. Plaintiff’s challenged and the motion was granted. Facts: This case (Lopez et al v. Allstate Fire & Casualty Insurance Company – United States District Court – Southern District of Florida – September 23rd, 2015) involves a…
Plaintiff’s hired economics expert to opine on damages. Defendants filed a motion to exclude on reliability factors. The court denied the motion. Facts: This case (Resco Products, Inc. v. Nanchuan Minerals Group Co., Ltd. et al – United States District Court – Western District of Pennsylvania – September 18th, 2015)…
In a medical malpractice case, the defendant, an anesthesiologist, asked to testify as an expert in radiology. The trial court excluded his testimony and the appeals court upheld the opinion. Facts: This case (Abramowich v. Albert – Superior Court of Pennsylvania – September 18th, 2015) involves a medical malpractice action and…